Victorian Commission for Gambling Regulation Gambling for Commission Victorian
Level 5, 35 Spring Street Melbourne Victoria 3000 Australia PO Box 1988, Melbourne Annual Report Victoria 3001 Australia Telephone 61 3 9651 3333 2008–2009 Facsimile 61 3 9651 3777 Annual Report 2008–2009 Report Annual
www.vcgr.vic.gov.au Victorian Commission for Gambling Regulation Office
Level 5 35 Spring Street Melbourne Victoria 3000
Postal Address
PO Box 1988 Melbourne Victoria 3001
Website: www.vcgr.vic.gov.au
Office Hours
9.00 am to 5.00 pm Monday to Friday
Switchboard Telephone: 61 3 9651 3333 Facsimile: 61 3 9651 3777 E-mail contact address: [email protected],gov.au Complaints hotline: 61 3 9651 3737
Inspectors at Melbourne Casino Southbank: Telephone: 61 3 9690 4657 (24 hours a day 7 days a week) Executive Commissioner’s Letter
15 October 2009
Minister for Gaming Parliament House Spring Street MELBOURNE VIC 3002
Dear Minister
I am pleased to present the Annual Report of the Victorian Commission for Gambling Regulation for 2008–2009. This Annual Report is prepared in accordance with the provisions of the Financial Management Act 1994, the Gambling Regulation Act 2003 and the Casino Control Act 1991 and covers the period between 1 July 2008 and 30 June 2009.
Yours sincerely
Peter Cohen Executive Commissioner 2 Contents
Executive Commissioner’s Letter to Minister 1 Chairman’s Report 5 Part 1 – The Victorian Commission for Gambling Regulation 7 Overview 8 Objectives 9 Functions 10 Commission Members as at 30 June 2009 11 Organisational Chart as at 30 June 2009 12 Organisational Structure 14 Key Achievements in 2008–2009 15 Corporate Governance 18 Part 2 – Report of Operations 2008–2009 by Intended Outcomes 19 Intended Outcome 1 20 Ensure that gaming on gaming machines, casino table gaming, wagering, fixed odds, lotteries, Club Keno and community and charitable gaming is conducted honestly and the management is free from criminal influence Intended Outcome 2 29 Regulate the use of gaming machines in casinos and approved venues, wagering equipment, Club Keno equipment, lotteries equipment and community and charitable gaming equipment Intended Outcome 3 32 Regulate the activities of key operatives in the gaming machine, casino, wagering, lotteries, bookmaking, Club Keno, sports betting and community and charitable gaming industries Intended Outcome 4 36 Supervision and control of the Casino Intended Outcome 5 41 Foster responsible gambling Intended Outcome 6 45 Other operational matters Summary of Financial Results 55 Part 3 – Financial Statements 2008–2009 59 Part 4 – Appendices 97 1A Principal Legislation Administered by the Minister for Gaming 99 1B Commencement Dates of Legislation 100 1C Subordinate Legislation 102 2 Ministerial Direction 103 3 Ministerial Determinations – Community Benefit Statements 106 4 Victorian Commission for Gambling Regulation Rules 109 5 Commission Decisions on Applications for New Premises and Venue Operator Licence Amendments 112 6 Commission Meetings, Inquiries and Hearings 2008–2009 114 7 Gaming Venues as at 30 June 2009 116 8 Registered Bookmakers as at 30 June 2009 129 9 Bingo Centres and Commercial Raffle Organisers as at 30 June 2009 133 10 Licensing Activities 134 11 Number of Active Licences at 30 June 2008 and 30 June 2009 136 12 Roll of Manufacturers, Suppliers and Testers as at 30 June 2009 137 13 Responsible Gaming Training Course Providers as at 30 June 2009 138 14 Community Benefit Statements – Summary of the Total Claims Made by Club Gaming Venues 140 15 Gambling Player Loss and Taxes and Levies Paid 2008–2009 141 16 Distribution of Taxes from Gambling 143 17 Player Loss from Gaming Machines – Statistical Data Fact Sheet 145 18 Distribution of Player Loss from Gaming Machines 146 19 Representation on Working Parties 147 20 Commission Whistleblower Procedures 148 21 Staff Profile by Position 2008–2009 158 22 Other Information Available on Request 159 23 Disclosure Index 160 24 Glossary 162 3 4 Chairman’s Report
This is my last report as Chair. In April I informed the Minister of my decision to stand down at the expiration of the five year term for which all of the Commissioners were originally appointed.
I have no intention of reviewing all the changes that have Commissioners has been identified, I am sure that the Minister affected the Commission over these past five years. As we will ensure that the necessary changes are made. have previously reported, virtually every year new areas of There is one new initiative that I wish to discuss because, in responsibility have been vested in the Commission. In my view my view, it is of the utmost importance. The Government is to all of the new work has been appropriate for the Commission be commended for its introduction, across the entire gambling to handle. Staff members have embraced the changes with, portfolio, of the requirement for Responsible Gambling Codes usually, some relish. A change in one’s work which presents of Conduct governing the relationship between the providers of new challenges, is usually welcomed – so it has been here. gambling services and their customers. It is in gaming venues Even more significant changes will now take place with that I believe the Codes have most potential for results. the abolition of the Tabcorp/Tatts duopoly in 2012. Whilst Whilst identification of problem gamblers is not easy, all experts final details are not available, it is plain that a much greater agree that a common picture is that of gaming patrons sitting, responsibility will be cast upon individual venues, and in turn, glued to a screen for hours on end, without a break. The Codes upon the Commission staff with regulatory responsibility have the potential to change this, because they contain positive for those venues. Indeed, the increased workload will be obligations upon venue staff to intervene if a gambler is seen to immense. But I have not the slightest query as to the ability be too long at a poker machine, without a break. of the Commission to cope with this workload provided the In a recent inquiry conducted by the Commission, in which Government increases our resources in the manner in which the owners of a major hotel venue were seeking an increase it has promised. in the number of gaming machines, Mr David Schwarz, who A specific need, in my view, is for an enlarged Commission. has previously battled his own addiction to gambling, was A Commission of three, one of whom is the Executive adamant that intervention by venue staff had the potential to Commissioner – the CEO of an organisation with over 140 staff assist potential problem gamblers greatly. In the same matter – is too small to permit a proper allocation of work. In particular an experienced employee from the hotel group making the it does not permit what might be described as a ‘portfolio’ application, and who has had experience in intervening to assist approach to the division of the work, which I think is desirable. patrons about whom she has become concerned said, ‘We don’t We have been assured that more Commissioners will be want problem gamblers in our venue because it is no good for appointed and I welcome this. In commenting that I think anybody. Certainly not for them, most importantly, but not for that the number of Commissioners has been too small, it our staff either because they get upset too’. must be understood that in 2004 the Commission was set I applaud this sentiment. By mandating a requirement to up from scratch – it’s hardly surprising that the workload of intervene, the Codes give employees in gaming venues the Commissioners was under-estimated. Now that the work of opportunity to develop a different image from that which has
5 Chairman’s Report continued
been imposed upon them. The Commission has appointed Throughout the nation, governments are wrestling with the specialized inspectors with responsibility for compliance with issue of problem gamblers and a host of initiatives have been the Codes. introduced in different jurisdictions, to attempt to ameliorate In each of these Reports I have commented that gaming the problem. Recent research has shown that these attempts expenditure has been dropping, in relative terms, since 2002. may be having a positive effect. Quite significant reductions This year the picture has been muddied somewhat by the in addiction numbers have been shown. In the context of Federal Government’s stimulus packages. Overall, expenditure development of sound public policy, I would hope that the upon gaming machines rose by 3.77 per cent. However, if Productivity Commission will recognise the significance that the three months most affected by the stimulus packages has been attached to its previous findings, and will review are removed from the calculation, the increase in expenditure the figures. was less than 1.8 per cent. Having said this it should not be I conclude by thanking the Government for the opportunity to thought that I am subscribing to the view that cash incentives serve as the first Chair of the Commission. During these five are a bad thing because ‘everyone blows them on pokies’. The years there has never been an occasion upon which successive proportionate increase in retail spending was three times higher Ministers or anyone else from Government, sought to interfere than on gaming. with the independent role conferred by the legislation upon the It was in this context that at a recent meeting of all Australia’s Commission. gambling regulators, I expressed disappointment with a I also wish to thank my Deputy Chair, Judith King, for the decision of the Productivity Commission. The Prime Minister has extraordinary efforts that she has made to assist both me and requested that the Productivity Commission review its earlier, the Commission. In Peter Cohen, the Executive Commissioner, seminal report ‘Australia’s Gambling Industries’ of 1999. As a the Commission and Government are fortunate to have a group of regulators we were privileged to have the attendance talented Executive, with an encyclopedic knowledge of gambling at the meeting, over three days, of the Commissioners who are issues throughout the world, and whose enlightened approach responsible for the Productivity Commission’s new report. But to people management is greatly appreciated by the staff of the we were dismayed by their statement that they did not intend to Commission, many of whom have become my great friends and review the figures as to the percentage of problem gamblers in whom I shall miss. Australia, for, to do so, ‘would only amount to a moving of the decimal point’! I objected to this approach. If, for example, a new study shows that the number of problem gamblers has reduced from 1.5 per cent to, say, 1.0 per cent this may not appear to be a dramatic change. In fact, however, it would represent a reduction in the Ian Dunn number of problem gamblers, by 33 per cent. Chair
6 Part 1
Victorian Commission for Gambling Regulation
7 Overview
History Purpose The Victorian Commission for Gambling Regulation (‘VCGR’) The VCGR seeks to provide a fair, responsible and crime free came into operation on 1 July 2004 following the proclamation gambling industry which optimises the benefits for all Victorians. of the Gambling Regulation Act 2003. As at 30 June 2009, To achieve this outcome, the VCGR strives to be at the forefront the responsible Minister was the Minister for Gaming, of effective regulation of the gambling industry, guided by its the Honourable Tony Robinson, MP. Principal legislation legislated objectives and functions as set out at sections 10.1.3 administered by the Minister for Gaming is listed at Appendix 1A and 10.1.4 of the Gambling Regulation Act 2003. of this report. These objectives and functions are set out in detail at pages 9 The VCGR assumed responsibility for the regulation of gambling and 10 of the report. from the Victorian Casino and Gaming Authority, the Director The Government has reviewed its guiding principles in the of Gaming and Betting and the Director of Casino Surveillance. context of the new gambling licensing structure that will These statutory entities ceased to exist as at 30 June 2004 apply from 2012. While similar in essence to the original as did the Office of Gambling Regulation, the administrative Guiding Principles of 2003, the revised principles are a better unit within the Department of Justice which assisted the representation of the State’s future priorities for gambling in aforementioned statutory entities. Victoria. The VCGR is comprised of three members – Mr Ian Dunn, Chair, The regulation of gambling by the VCGR must be consistent with Ms Judith King, Deputy Chair and Mr Peter Cohen, Executive the Government’s guiding principles, namely: Commissioner and CEO. The Chair and Deputy Chair are part- time appointees. • recognising that gambling is a legitimate recreational activity for many, and Victorians are entitled to expect the highest The legislation provides for additional commissioners and standards of choice and service from gambling providers in a sessional commissioners to be appointed. Three Sessional competitive and innovative marketplace; Commissioners, initially appointed on 8 March 2005 for three years, had their appointments renewed in March 2008 for a • commitment to ensuring that the legitimate financial benefits further period. of gambling are transparent, recognisable, and fairly distributed to the community; On 22 October 2008 the Government also appointed one additional commissioner and two sessional commissioners on a • commitment to reducing the harm caused to people part-time basis until 31 December 2009 for the purposes detailed experiencing the effects of problem gambling, and at page 11 of this report. recognising that the State, the gambling industry and community partners have a shared responsibility to deliver The number of VCGR meetings and inquiries held during effective solutions; 2008–2009 are set out at Appendix 6 of this report. • ensuring the highest standards of transparency, probity, integrity and accountability in the development of evidence- based gambling policy, and engaging the community on the decisions that affect them; and • commitment to providing an environment that promotes a viable and sustainable future for the racing industry which is a vital part of Victoria’s economic and social fabric.
8 Objectives
The objectives of the VCGR are as stated in section 10.1.3 of the Gambling Regulation Act 2003, namely – • to ensure that gaming on gaming machines is conducted honestly; • to ensure that the management of gaming machines and gaming equipment is free from criminal influence and exploitation; • to ensure that other forms of gambling permitted under this or any other Act are conducted honestly and that their management is free from criminal influence and exploitation; • to foster the development of sport by promoting equitable and fair information and revenue sharing between sports betting providers and sports controlling bodies and to foster the integrity of betting on sports betting events; • to act as a source of advice to the Minister for Gaming on gambling issues and ensure that the Government’s policy on gambling is implemented; • to foster responsible gambling in order to minimise harm caused by problem gambling and accommodate those who gamble without harming themselves or others; and • any objectives set out in the Casino Control Act 1991 or any other Act.
9 Functions
The functions of the VCGR are as conferred on it by or under the gambling legislation or any other Act and include – • regulating the operation and use of gaming machines in the casino and approved gaming venues; • ensuring that the conduct of gaming at approved gaming venues and the casino is supervised; • detecting offences committed in, or in relation to, approved gaming venues and the casino; • receiving and investigating complaints from gaming patrons concerning the conduct of gaming in approved gaming venues and the casino; • regulating the activities of key operatives in the gaming machine industry, including those who manufacture, supply, repair or own, or provide venues for and operate gaming machines; • regulating the activities of key operatives in the wagering, Club Keno, interactive gaming, community and charitable gaming, bingo, onboard gaming and public lottery industries and other functions relating to sports betting; • ensuring that all taxes, charges and levies are paid; • advising the Minister for Gaming on community concerns about the economic and social impact of gambling on the well-being of the community; • advising the Minister for Gaming concerning policy in relation to the supervision and inspection of casinos, and reporting on the casino operator’s suitability and licence; • informing itself in the manner it sees fit of current and emerging issues and practices in Victoria and elsewhere with respect to gambling, including responsible gambling, probity, game security and integrity, sports betting and facility development; and • informing and educating the public as to the regulatory practices and requirements of the VCGR.
10 Commission Members as at 30 June 2009
Commissioners Mr Ian Dunn, Chair Ms Judith King, Deputy Chair Mr Peter Cohen, Executive Commissioner and CEO Sessional Commissioners Ms Suzanne Jones, Sessional Commissioner (up to October 2008) Mr Geoffrey Provis, Sessional Commissioner Mr Rod Smith, Sessional Commissioner Additional Commissioners Judge Gordon Lewis AM, Deputy Chair and Commissioner Mr Ken Loughnan AO, Sessional Commissioner Ms Suzanne Jones, Sessional Commissioner (from October 2008)
Note: The appointments in relation to the Chair, Deputy Chair, and Executive Commissioner and CEO commenced 1 July 2004. The Chair and Deputy Chair are part-time appointees. In March 2008 the three part-time Sessional Commissioners, initially appointed for three years to assist the VCGR with its public inquiries process, were each re-appointed for a further period. On 22 October 2008, in order to perform the VCGR functions in relation to the licence awarding phase of the Gambling Licences Review being conducted by the Department of Justice, the Government, by Orders in Council, appointed the following persons – • Judge Gordon Lewis AM, Commissioner and Deputy Chairperson; • Mr Ken Loughnan AO, Sessional Commissioner; and • Ms Suzanne Jones, Sessional Commissioner. These appointments are on a part-time basis until 31 December 2009. These newly-appointed Commissioners are supported by Ms Lynne Bertolini, Director Gambling Licences Project and the Gambling Licences Project Branch. These Commissioners do not have a role in any day-to-day matters, which continue to be the responsibility of the current Commissioners.
11 Organisational Chart as at 30 June 2009
Secretary Department of Justice Mr Ian Dunn, Chair Ms Judith King, Deputy Chair Ms Penny Armytage
Executive Director Gaming and Racing Mr Ross Kennedy
Mr Peter Cohen, Executive Commissioner and CEO
Director Legal Director Corporate Director Gambling Operations and Legislation Services and Audit Ms Sylvia Grobtuch Ms Meredith Brown Mr Phillip Shelton • Legal Advice • Corporate • Gambling Product approvals and • Legislation Governance, monitoring Planning and Risk • Freedom of • Operational, Revenue and Management Information Systems Audits • Human Resources • Privacy • Equipment Standards and • Secretariat/ Approvals • Commission Executive Hearings • Premises Approvals Gaming • Finance Machine area modifications • Casino Commercial Arrangements • Office Management • Social and Economic Impact Assessments • Prosecutions • Responsible Gaming Training Courses • Technical Compliance • Lottery Supervision
12 Minister The Hon Tony Robinson MP Minister for Gaming
Commissioners Sessional Commissioners Mr Ian Dunn, Chair Mr Geoffrey Provis Ms Judith King, Deputy Chair Mr Rod Smith Mr Peter Cohen, Executive Commissioner and CEO Additional Commissioners Judge Gordon Lewis AM, Deputy Chair Mr Ken Loughnan AO Ms Suzanne Jones
Deputy Director Director Director Director Gambling Licensing Information Compliance and Licences Project Operations and Technology and Investigation Policy Management Mr Steve Thurston Mr Abhendra Mr Max Priestley Ms Lynne Bertolini Singh • Corporate and • Investigation • Post–2012 Individual gaming • Information and Prosecution gambling licences licences and Technology • Casino • Post–2012 approvals • Information Regulation Transition • Trade promotion, Management • Venue Audit Planning and raffle, bingo and Policy lucky envelope permits • Monitoring approved industry participants and permit activities
13 Organisational Structure
Management
Mr Peter Cohen, Executive Commissioner and CEO Ms Meredith Brown, Director Corporate Services Peter became Executive Commissioner of the VCGR with effect As Director of the Corporate Services Branch, Meredith has on 1 July 2004 following his appointment by the Governor in responsibility for providing strategic and operational advice Council and he has specific statutory duties under gambling and delivering business specific support services including legislation. As the Executive Commissioner, Peter is also corporate governance, planning and risk management, budget the Chief Executive Officer and leads the management team and financial management, human resources, secretariat and comprised of Directors and a Deputy Director in charge of office management. The Branch facilitates and assists the VCGR each of the Branches of the VCGR. in meeting its legislative responsibilities and service delivery objectives.
Mr Steve Thurston, Deputy Director Licensing Operations and Policy Mr Max Priestley, Director Compliance and Investigation As Deputy Director of the Licensing Operations and Policy As Director of the Compliance and Investigation Branch, Max Branch, Steve has responsibility for the regulatory role of the has responsibility for investigations, as well as enforcement Branch involving the licensing and ongoing monitoring of of, and compliance with, gambling legislation. Max also has participants in the gambling industry. This includes initial checks responsibility for Inspectors who monitor the operation of the and ongoing suitability monitoring and disciplinary action for Casino, 24 hours seven days a week. commercial participants in the casino and gaming industry, individuals employed in those industries, trade promotion Mr Phillip Shelton, Director Gambling Operations and Audit lotteries, and community and charitable gaming participants and activities. As Director of the Gambling Operations and Audit Branch, Phillip has responsibility for advising whether the conduct of gambling, and the associated computer gambling systems and Mr Abhendra Singh, Director Information and Technology related operational procedures for the casino, electronic gaming Management machines, wagering, interactive gambling, Club Keno, approved As Director of the Information and Technology Management betting competitions and lotteries, is consistent with enabling Branch, Abhendra has responsibility for the control, development legislation and is delivered responsibly. and maintenance of the VCGR Information Technology infrastructure, databases and applications, and also for the Ms Lynne Bertolini, Director Gambling Licences Project, provision of its records management services. Both Branch functions enable the VCGR to undertake its statutory role Director Licensing Operations and Policy Branch efficiently and effectively. As Director of the Gambling Licences Project, Lynne has responsibility for investigations and inquiries, and for supporting Commissioners appointed to perform the functions of the Ms Sylvia Grobtuch, Director Legal and Legislation VCGR in relation to the licence awarding phase of the Gambling As Director of the Legal and Legislation Branch, Sylvia has Licences Review being conducted by the Department of Justice. responsibility for advising on how the regulation of gambling in Lynne is also responsible for post–2012 transition planning the State should be carried out so that it is consistent with the and the provision of relevant advice and policy development requirements of gambling legislation. She also advises on VCGR to ensure the VCGR effectively implements all new roles and contractual obligations under commercial agreements to which responsibilities arising from the post–2012 arrangements. it is a party. Lynne has also retained her responsibilities for managing the administration of the Licensing Operations and Policy Branch.
14 Key Achievements in 2008 –2009
Strengthening the Regulation of the Gambling Industry: • contributed on an ongoing basis to the review of the regulatory framework for gambling licences through provision of advice relating to the gaming machine, Club Keno and wagering regulatory requirements and establishing the Gambling Licences Project Branch to manage the transition to the new licence structure post–2012; • managed the transition from the Office of Gaming and Racing to the VCGR of the responsibility for registration and disciplining of bookmakers and their key employees, with effect from 1 January 2009; • managed the implementation of the new lottery licence framework (being Tatts and Intralot) from 1 July 2008 including – - a risk and control review of the new lottery system to be used by the new public lottery licensee, Intralot; - approval of products and game rules of both lottery licensees; and - decommissioning of Tatts products that ceased to be offered after 30 June 2008; • revised the commercial regulatory framework of the Casino Licence consequent on the Agreement between the Government and the Casino Operator; • represented the VCGR at VCAT proceedings for review of a Commission decision granting an application for gaming premises and, on remittal from the Supreme Court, Court of Appeal, proceedings for a further review of that Commission decision. • managed the implementation of responsible gambling initiatives relating to – - municipal limits for gaming machines; - reduction of the maximum bet limit; and - development of the regulatory framework for Responsible Gambling Codes of Conduct and Self-Exclusion Programs; • established a Responsible Gambling Project Team to provide education and information to industry participants and VCGR partners about best working practice; • developed a Penalty Infringement Notice system for issuing on-the-spot fines to casino patrons who breach their self-exclusion orders, to commence from 1 July 2009;
15 Key Achievements in 2008–2009 continued
Strengthening the Regulation of the Gambling Industry (continued): • commenced a review of gaming machine limits in each area where a regional cap applies; • monitored compliance with responsible gambling initiatives such as – - the obligation for gaming machine winnings of $1,000 or more to be paid by cheque; and - the requirement for gaming industry employees to have undertaken an approved responsible gaming training course; • implemented new Commission standards for gaming machine types and game evaluations as a result of active participation with other jurisdictions in the Australia/New Zealand Gaming Machine National Standard Working Party; • continued to approve new games, game rules, game products and systems modifications; • continued to monitor and respond to changing market participants as a result of takeovers, mergers and new overseas ventures involving approved participants in the Victorian gambling industry; • provided advice to overseas jurisdictions regarding minimum technical standards for gaming machine types and games; and • chaired various Australasian Casino and Gaming Regulators’ CEOs working parties, including the Manufacturers’ Forum for National Standards for gaming machine types and games, the Lotteries Working Party and the Art Union, Raffles and Trade Promotion Lottery Working Party.
Improving Accessibility to, and Transparency of, Gambling Regulation: • progressed a project to introduce an on-line payment facility and lodgement of trade promotion lottery applications, the single largest number of applications received by the VCGR each year, to its final stage, with a view to implementation in September 2009; • continued to provide for on-line lodgement and publishing of Community Benefit Statements for club venues via the VCGR website; • introduced a ‘Responsible Gambling’ menu choice on the VCGR website as a single point of access to all responsible gambling information;
16 Improving Accessibility to, and Transparency of, Gambling Regulation (continued): • conducted nine public inquiries into applications for new gaming venues or increases in gaming machine numbers at an already approved venue; • conducted community information sessions in Mildura, Melbourne, Morwell and Geelong on gaming regulation requirements to assist gambling providers to better understand gambling requirements; • published on the VCGR website approved Responsible Gambling Codes of Conduct and Self-Exclusion Programs; • implemented the capacity for gaming industry employers to undertake on-line verification of the current status of licensed gaming industry employees on the VCGR website;
Contributing to the Community: • attended and provided advice to Responsible Gambling Ministerial Advisory Council Working Parties on research, Codes of Conduct and product safety; • further updated an information booklet for nominees of venue operators which sets out their responsibilities and obligations under gambling legislation as the person responsible for the licence; • developed generic Responsible Gambling Codes of Conduct and Self-Exclusion Programs based on Ministerial Directions for gambling licence operators and approved fourteen specific Codes and Programs for adoption by gambling service providers; • participated in Responsible Gambling Awareness Week 2009 and provided printed material and speakers for information sessions throughout Victoria; • monitored all gambling products to ensure players received their appropriate entitlements; • verified and collected all gambling taxes which are transferred to the Department of Treasury and Finance and then distributed to the Hospital and Charities Fund and Mental Health Fund as required by legislation; • investigated every patron complaint about gambling received by the VCGR.
17 Corporate Governance
Audit Committee Membership and Role During 2008–2009 the Audit Committee met formally on four occasions. Attendance details are contained in Appendix 6 of Consistent with good corporate governance the VCGR has this report. in place a range of measures for the management of the The Audit Committee Charter was reviewed during 2007–2008, organisation. This includes an Audit Committee, internal audit in line with the Government’s Financial Management Directions program and risk assessment process. Framework. The VCGR approved a revised Charter and added The Audit Committee was constituted in 2004-2005 following the the operation and implementation of the risk management establishment of the VCGR on 1 July 2004. The Audit Committee framework to the Audit Committee functions. The Audit Charter adopted by the VCGR reflects current corporate Committee also considers and approves an annual Tactical Audit governance principles and is consistent with the requirements Plan which forms the basis of the internal work program for each for the composition of an audit committee as described in the year, which was also the framework adopted for 2008–2009. Standing Directions of the Minister for Finance. The contract for internal audit services provided by Acumen The Audit Committee is comprised of Mr Trevor Brown AM Alliance (Vic) Pty Ltd, the company selected by public tender (Chair), Ms Judith King (Deputy Chair of the VCGR) and to provide such services for the period 2005-2008, expired on Mr David Beatty. 30 September 2008. After a public tender process, Oakton Both the VCGR Chair and the Executive Commissioner have a Services Pty Ltd was appointed to provide internal audit standing invitation to attend all meetings of the Audit Committee, services for the VCGR for a period of approximately three as does the Victorian Auditor-General. years ending on 30 September 2011. The Audit Committee undertakes the oversight of: • financial performance and the financial reporting process, Annual Report including the annual financial statements; The VCGR Annual Report for 2007–2008 was tabled in the • the scope of work, performance and independence of Parliament by the due date. internal audit; • ratifying the engagement and dismissal by management of any chief internal audit executive; • the scope of work, independence and performance of the external auditor; • the operation and implementation of the risk management framework; • matters of accountability and internal control affecting the operations of the VCGR; • the effectiveness of management information systems and other systems of internal control; • the acceptability of, and correct accounting treatment for and disclosure of, significant transactions which are not part of the normal course of VCGR business; • the signing off of accounting policies; and • the VCGR process for monitoring compliance with laws and regulations and its own Code of Conduct and Code of Financial Practice.
18 Part 2
Report of Operations 2008–2009 by Intended Outcomes
19 Intended Outcome 1
Ensure that gaming on gaming machines, casino table gaming, wagering, fixed odds, lotteries, Club Keno and community and charitable gaming is conducted honestly and the management is free from criminal influence
Outputs Following the completion of an investigation a warning notice may be issued for technical or minor breaches of gaming Investigations and Prosecutions legislation. During the year, 67 warning notices were issued to Gaming Venues and Community and Charitable Gaming individuals and organisations who were advised that any future contravention of gaming legislation may result in prosecution As at 30 June 2009 licensed gaming venues in Victoria proceedings or disciplinary action. numbered 517, of which 515 were operating. Details are provided at Appendix 7 of this report. Four people were prosecuted in the Magistrates’ Court for seven offences. In addition, two organisations were prosecuted in the Inspectors examined the operation of all licensed gaming venues Magistrates’ Court for five offences. in Victoria. In addition, unannounced inspections were made of minor gaming activities, including bingo and raffles and the Offences and Court results are shown in the table opposite. drawing of trade promotion lotteries, to ensure compliance with regulatory requirements. During the year 687 investigations were conducted. These were carried out as a result of complaints, unannounced surveillance and in relation to licence applications, permits and other approvals.
20 Prosecutions under the Gambling Regulation Act 2003
Defendant Defendant Address Offence Court Date Court Result
Taverner Hotel South Yarra Fail to enforce the rules made by the 6 Aug 2008 Without conviction, fined Group Pty Ltd Commission, $500 plus costs of $684 section 3.5.26
Susan Hill Berwick Play gaming machines in approved venue when 9 Oct 2007 Without conviction and venue closed to the public, fined $1,500 section 3.5.22(1)
South Coast Portland Fail to comply with a written Direction of the 16 Sep 2008 Convicted, fined $5,000 Hotels Pty Ltd Commission requiring the weekly completion of plus costs of $639 Summary of Gaming Transaction forms, section 3.5.27(2); Fail to keep accounting records that correctly record and explain the transactions of the operator, section 3.7.4(1); Pay out accumulated credits exceeding $1,000 in cash on 14 separate occasions, section. 3.5.33(1); Fail to retain gaming records relating to the venue for 7 years after the transactions occur, section 3.7.5(1).
Ken Lee Portland Fail to comply with a written Direction of the 16 Sep 2008 Convicted and fined Commission requiring the weekly completion of $5,000 Summary of Gaming Transaction forms, section 3.5.27(2); Fail to keep accounting records that correctly record and explain the transactions of the operator, section 3.7.4(1); Pay out accumulated credits exceeding $1,000 in cash on 14 separate occasions, section 3.5.33(1); Fail to retain gaming records relating to the venue for 7 years after the transactions occur, section 3.7.5(1).
Alan James Middle Park Conduct trade promotion lottery other than 24 Sep 2008 Without conviction, Eskander in accordance with the terms and conditions adjourned to submitted in support of the permit application, 24 September 2009 with section 5.7.16(1) condition that donation of $2,000 be made to Gamblers Help within one month, plus costs of $689
Brendan Wangaratta Provide false and misleading information in an 30 Mar 2009 Without conviction Thomas Nolan application for approval as an associate of a adjourned to 29 March gaming venue operator, 2010, to be of good section 10.5.16(1) behaviour, fined $500 plus costs of $439.20
Note: Offences under the Crimes Act 1958 and the Summary Offences Act 1966 are the responsibility of the Victoria Police, with the assistance of Commission Inspectors when required. 21 Intended Outcome 1 continued
Disciplinary Matters under the Gambling Regulation Act 2003
The VCGR took disciplinary action against 36 gaming industry employees, 10 venue operators, one bingo centre operator and seven minor gaming permit holders during the 2008–2009 financial year. The summary of offences and action taken is outlined in the tables at pages 22 to 26 of this report. When a gaming industry employee licence holder has failed to advise of a change of name and/or address within 14 days of the change taking place, but has not previously breached a gaming Act or gaming regulations, then an educative letter is issued to that licensee rather than the matter being dealt with through the disciplinary action process. During the 2008–2009 year, 153 educative letters were issued to gaming industry employee licensees. In addition to disciplinary action, one club venue, the Ouyen Club Inc, failed to lodge its Community Benefit Statement (‘CBS’) by the due date of 30 September 2008 and was required to pay into the Community Support Fund an additional 8.33 per cent of the Club’s revenue from the due date until the Club lodged its CBS with the VCGR. The amount of additional tax paid by the Club was $2,314.94.
Gaming Industry Employees
Surname Given Name(s) Licence Number Grounds Decision Date Result
Clark Kylie Anne S02123813 Found guilty of a ‘relevant offence’ 1 Jul 2008 Letter of censure and failed to provide required information
Russell Melanie Kate S99107139 Found guilty of a ‘relevant 1 Jul 2008 Licence cancelled offence’, failed to provide required information and found not suitable
Calella Simone Irene G06137647 Failed to provide required 22 Jul 2008 Letter of censure information
Nguyen Khuong Le G05136562 Failed to provide required 29 Jul 2008 Licence cancelled information and found not suitable
Seeto Jimmy G99107374 Found not suitable 11 Aug 2008 Licence suspended for 3 months
Rowse Paul S00114068 Failed to provide required 26 Aug 2008 Letter of censure information
Osborne Stuart James S03130315 Failed to provide required 9 Sep 2008 Letter of censure information
Horvath Andrea Elizabeth S98096543 Failed to provide required 23 Sep 2008 Letter of censure information
Vanderlei Belinda Dianne B04096155 Failed to provide required 30 Sep 2008 Letter of censure information
Bruce Paris S04132194 Failed to provide required 10 Oct 2008 Licence cancelled information and found not suitable
Rossiter Tracy Ann S04133224 Failed to provide required 21 Oct 2008 Letter of censure information
Coulson Joanna Elizabeth S02126287 Failed to provide required 28 Oct 2008 Letter of censure information
Kelly Arthur John S9680868 Failed to provide required 28 Oct 2008 Letter of censure information
22 Surname Given Name(s) Licence Number Grounds Decision Date Result
Gittus Amanda Lee G06136942 Failed to provide required 11 Nov 2008 Licence cancelled information and found not suitable
Allen Tracey S9781433 Failed to provide required 25 Nov 2008 Licence cancelled information and found not suitable
Matthews Craig G07141417 Failed to provide required 26 Nov 2008 Licence suspended information and found not for 3 months suitable
Wilson Vanessa Jane G98098618 Failed to provide required 16 Dec 2008 Letter of censure information
Day Darlene Veronica G9522276 Failed to provide required 20 Jan 2009 Letter of censure information
Machado Mark Daniel S01121754 Failed to provide required 20 Jan 2009 Licence cancelled Cerqueira information
Thomas Paula G98098348 Failed to provide required 20 Jan 2009 Letter of censure information
Seipolt Bianca Fiona S99108087 Found guilty of a ‘relevant 27 Jan 2009 Licence cancelled offence’, failed to provide required information and found not suitable
Aru Damiano G06139128 Failed to provide required 10 Feb 2009 Licence cancelled information and found not suitable
Cross Katrina Anne G07142107 Failed to provide required 10 Feb 2009 Letter of censure information
Macela Justin G98095549 Found guilty of a ‘relevant 10 Feb 2009 Letter of censure offence’ and failed to provide required information
Bondin Loretta G02124883 Failed to provide required 10 Mar 2009 Letter of censure information
Kelly Michael Dean G05135846 Found guilty of a ‘relevant 10 Mar 2009 Licence cancelled offence’, failed to provide required information and found not suitable
Lee Kenneth Maxwell S9680769 Found guilty of a ‘relevant 10 Mar 2009 Letter of censure offence’
Patterson Michael Lindsay S00110672 Failed to provide required 31 Mar 2009 Letter of censure information
Corcoran Jodie G98099830 Failed to provide required 28 Apr 2009 Letter of censure information
Lamanna Franca S9522395 Failed to provide required 28 Apr 2009 Letter of censure information
23 Intended Outcome 1 continued
Gaming Industry Employees (continued)
Surname Given Name(s) Licence Number Grounds Decision Date Result
Boujean Aaron Leslie S01122872 Failed to provide required 5 May 2009 Licence cancelled information
Paroissien Leigh G08145210 Failed to provide required 5 May 2009 Letter of censure information
Handley Jack Paul G06138566 Failed to provide required 12 May 2009 Letter of censure information
Doidge Andrew Greg G00116331 Failed to provide required 19 May 2009 Letter of censure information
Howson Matthew Damian S01119548 Failed to provide required 19 May 2009 Letter of censure information
Hill Susan Jane B9530138 Found guilty of a ‘relevant 26 May 2009 Letter of censure offence’
Note: ‘Relevant offence’ in relation to a licensee means – • an offence against a gaming Act or gaming regulations; or • an offence arising out of or in connection with the employment of the licensee under a gaming Act; or • an offence (wherever occurring) involving fraud or dishonesty punishable on conviction by imprisonment for three months or more (whether or not in addition to a fine).
Venue Operators
Venue Operator Venue Licence Number Grounds Decision Date Result
Australian Prince Mark V98095066 Breached section 3.5.35(1) by 8 Jul 2008 Licensee fined Leisure and Hotel displaying gaming machine $500 Hospitality related signs in excess of the Group Ltd number allowed
Zagame Caulfield Zagame’s V9510066 Allowed a minor to enter the 2 Sep 2008 Letter of censure Pty Ltd Caulfield Club restricted area of the gaming Hotel venue
Bacchus Marsh Bacchus V01095398 Failed to disclose a management 16 Dec 2008 Licensee fined Golf Club Ltd Marsh Golf agreement in its venue operator’s $500 Club licence renewal application and also failed to advise the Commission of the management agreement within 14 days of its commencement
Box Hill Golf Box Hill Golf V9210199 Failed to advise of resignations 16 Dec 2008 Letter of censure Club Club and new appointments of Directors within 14 days
The Ouyen Club Ouyen Club V99095188 Failed to provide required 16 Dec 2008 Licensee fined Inc information and contravened the $500 Act by failing to lodge an audited Community Benefit Statement by 30 September 2008 for the Ouyen Club
24 Venue Operator Venue Licence Number Grounds Decision Date Result
Midlands Golf Midlands Golf V9780019 Failed to advise of the appointment 20 Jan 2009 Letter of censure Club Inc Club and resignation of committee members within 14 days and contravened the Act by allowing persons to become associates without prior written approval of the Commission
Italian Australian Italian V9780040 Failed to advise of the appointment 27 Jan 2009 Letter of censure Sporting and Australian of new committee members within Social Club of Sporting and 14 days and contravened the Act Gippsland Inc Social Club of by allowing persons to become Gippsland associates without prior written approval of the Commission
The Richmond The V9780028 Failed to advise of the appointment 10 Feb 2009 Letter of censure Henty Hotel Richmond and resignation of associates and Pty Ltd Henty Hotel changes to shareholdings in its associated entity within 14 days and contravened the Act by allowing persons to become associates without prior written approval of the Commission
South Coast Gordon Hotel V9710052 Found guilty of a ‘relevant offence’ 10 Mar 2009 Licensee fined Hotels Pty in that: together with its Nominee, $3,500 Limited South Coast Hotels Pty Limited failed to comply with a written direction in breach of section 3.5.27(2); failed to keep accounting records in a form required in breach of section 3.7.4(1); failed to pay out winnings other than by cheque (14 counts) in breach of section 3.5.33(1); and failed to ensure documents be kept at an approved venue in breach of section 3.7.5.(1)
Taverner Hotel Berwick Inn V00095326 Contravened the Act and was found 30 Jun 2009 Licensee fined Group Pty Ltd Taverner guilty of a 'relevant offence' in that, $1,000 on two occasions, Taverner Hotel Group Pty Ltd allowed a patron to play gaming machines when the gaming venue was closed to the general public
Bingo Centre Operator
Bingo Centre Operator Bingo Centre Licence Number Grounds Decision Date Result
Chance Bingo Pty Ltd Broadway M03096 Failed to lodge bingo centre 25 Nov 2008 Letter of censure Bingo Centre; M04102 returns by 30 September 2008 Clayton M06115 Bingo Centre; Gladstone Park Bingo Centre
25 Intended Outcome 1 continued
Minor Gaming Permit Holders
Minor Gaming Permit Holder Permit Grounds Decision Date Result Number Hastings Bowling Club Inc 08/10441-0 Failed to lodge a bingo return prior to 25 Nov 2008 Letter of censure 1 October 2007 for the year ending June 2007
St Joseph's Cricket Club Inc 06/12198-1 Failed to lodge a bingo return prior to 25 Nov 2008 Letter of censure 1 October 2007 for the year ending June 2007
Wurruk Cricket Club 07/10983-0 Failed to lodge a bingo return prior to 16 Dec 2008 Letter of censure Incorporated 1 October 2007 for the year ending June 2007
Nagambie Bowls Club 06/12137-0 Failed to lodge a bingo return prior to 16 Dec 2008 Letter of censure Incorporated 1 October 2007 for the year ending June 2007
Lucknow Football Netball 07/10357-3 Failed to lodge a bingo return prior to 16 Dec 2008 Letter of censure Club Inc 1 October 2007 for the year ending June 2007
Newtown Cricket Club 06/11929-0 Failed to lodge a bingo return prior to 27 Jan 2009 Letter of censure 1 October 2007 for the year ending June 2007
Nar Nar Goon Community 07/10070-0 Failed to lodge a bingo return prior to 27 Jan 2009 Letter of censure Association Inc 1 October 2007 for the year ending June 2007
Compliance Inspections and Operational Reviews Compliance inspections and operational reviews include unannounced surveillance, formal inspections and financial audits of gaming venues, racetracks, bingo centres and other minor gaming activities. They are performed to assess whether the activities being conducted comply with the requirements of the relevant legislation, regulations, Directions and Commission Rules. Auditing and verification of player return and financial data occurred for each electronic gaming machine and gaming venue connected to the gaming operator’s on-line real-time monitoring and control system. The type and number of compliance inspections and audits conducted in 2008–2009 are shown in the following table.
Activity Number Gaming venue inspections 1,637 Bingo inspections 146 Lottery outlet audits 489 Lucky envelope outlet inspections 1,037 Racetrack inspections 105 Raffle draw inspections 63 Trade promotion lottery draw inspections 83 Venue financial audits 65 Total 3,625
26 Lotteries Supervision Section 5.2.6 of the Gambling Regulation Act 2003 requires that a public lottery must not be determined by draw unless a person nominated by the VCGR supervises the draw. Government Supervisors nominated by the VCGR supervised all lottery draws as follows:
Draw Type Number of Draws Supervised Lucky Keno 70 730 Lucky Lines 365 Lucky Bingo Star 52 Lucky 3 30 Lucky 5 Red or Black 30 Super 66 52 Saturday Night Lotto 52 Oz Lotto 53 Powerball 52 Monday/Wednesday Lotto 75
Patron Complaints at Gaming Venues Information Sessions Fifty-five patron complaints were received and investigated in During the year the VCGR provided information sessions at respect of the conduct of gaming and Club Keno at gaming Mildura. venues. These complaints included allegations of machine The sessions were organised to provide gaming industry malfunctions, misleading pay tables, varying returns to players, participants and community and charitable organisations with barring of players, syndicate play, unlicensed staff and minors in information on gaming legislation, licensing requirements and gaming areas. compliance with the legislation and rules. Following investigation of those complaints, two breaches of Three separate presentations were conducted. legislation, regulations or Commission Rules were detected and The first presentation focused on the requirements for licensed eight complaints are under investigation as at 30 June 2009. organisations (gaming machine venue operators and bingo centre operators) and licensed persons (nominees and gaming Education industry employees) to notify certain changes to the Commission Community Benefit Statement Information Sessions as well as their requirements for the conduct of gaming activities. This session also covered the requirements for the conduct of A new Ministerial Order, to take effect from 1 July 2008, was lotteries for the promotion of a trade or business. issued in March 2008 redefining those activities and purposes that can be claimed by club venues in a Community Benefit People at these sessions were told about their various Statement (‘CBS’). The VCGR, in the previous year, accordingly responsible gambling obligations, such as gaming machines held CBS information sessions across the State for club venues, displaying the correct time, venue operators not publishing their auditors and accountants. gaming machine advertisements outside a gaming machine area and gaming venues having available printed player information In July 2008 the VCGR conducted a separate CBS information material (posters, talkers and brochures). session, as part of the information sessions held in Mildura. This session provided attendees with a detailed description of the Those attending were also advised of checks by inspectors new classes of purposes and activities that can be claimed by of electronic game and player information and checks made club venues as a community benefit from 2008–2009 onwards. to ensure persons performing the duties of a gaming industry Information was also provided on the additional tax rate that employee are licensed and that no minors are in the gaming applies in certain circumstances in relation to the lodgement machine area of a venue. of CBS. The second presentation focused on the requirements of The FAQs on the VCGR website provide comprehensive community and charitable organisations in raising funds via information on all aspects of CBS and incorporate many of the raffles, bingo, the sale of lucky envelopes and fundraising events questions raised by attendees at the VCGR CBS information (casino nights). sessions.
27 Intended Outcome 1 continued
Information Sessions (continued)
The third presentation was for gaming industry employees. Installation of Gambling Equipment and Ongoing Compliance These sessions were developed to remind and educate gaming Inspectors undertook gaming industry professional development industry employees and those wanting to work in the gaming to keep abreast of technical changes in the industry. Technical industry of the gaming legislation, including what they can and compliance inspections were undertaken throughout the year to cannot do, facts about their licence and their responsibilities. ensure gaming equipment was operating in the manner in which Participants were encouraged to ask questions or raise issues it was approved to function. either during the presentations or one on one with staff of the Commission at the end of the presentations. Areas of interest raised by participants continued to include: • the conduct of raffles, bingo and lucky envelopes; • gaming venue regulation; • how gambling is administered including responsible gambling; • trade promotion lottery information; and • responsibilities of gaming industry employees. Further sessions will be conducted throughout Victoria during 2009–2010.
28 Intended Outcome 2
Regulate the use of gaming machines in casinos and approved venues, wagering equipment, Club Keno equipment, lotteries equipment and community and charitable gaming equipment
Outputs the Minister for Gaming, to make and amend the Commission’s standards for gaming machine types and games. Gambling Product Approvals The Commission’s standards Version 9 consists of the Equipment Australian/New Zealand National Standard for Gaming Machines Approvals were granted for: Version 9, together with the Victorian Appendix Version 9. • eight types of electronic gaming machines and 159 gaming Version 9 of the Commission’s standards became effective on machine games for the Tabcorp, Tatts and Crown gaming 14 June 2008. networks; The Australian/New Zealand National Standard for Gaming • 245 changes and modifications to existing electronic gaming Machines Version 10 has been developed together with the machine types, games and systems in the Tabcorp, Tatts and Victorian Appendix Version 10 and will become effective as Crown gaming networks; Version 10 of the Commission’s standards from 27 September 2009. • 109 modifications to the Tabcorp Wagering, Trackside and Sportsbet systems; The National Standard has been developed by the National • three Club Keno system modification; Standard Working Party consisting of participants from gaming regulators in Australia and New Zealand in consultation with • 10 modifications to Tatts lottery products and systems gaming manufacturers and gaming operators. The purpose including the Internet lottery system. of the National Standard is to create a common standard for • six modifications to Intralot’s lottery products and systems, gaming machines throughout Australia and New Zealand. including the Internet lottery system. Victoria continues to participate actively in the development of the National Standard. National Standard for Electronic Gaming Machines and the In addition to various technical requirements that have been Commission’s Standards developed to ensure that gaming machine types and games The Gambling Regulation Act 2003 gives the VCGR the are secure, auditable and fair to players, the Victorian Appendix discretion to take into consideration whether a gaming machine includes a chapter on responsible gambling requirements that type or game complies with any Commission standards in are a pre-requisite for the approval of any gaming machine type force. The Act also empowers the VCGR, with the approval of or game.
29
Intended Outcome 2 continued
Modification of Gaming Machine Areas The general approvals were updated during the year and now Under section 3.3.16 of the Gambling Regulation Act 2003 the allow the gaming operators to sell gaming machines to a person VCGR approved 185 modifications to the gaming machine area issued with an authority under the applicable legislation where in gaming venues during 2008–2009. the gaming machine is for use outside Victoria. A total of 2,158 electronic gaming machines were disposed of Specified Areas or sold. Restrictions on large denomination note acceptors, autoplay Commission’s Rules facilities, spin rates, the payment of winnings by cash and bet limits apply to all electronic gaming machines located in gaming Under the provisions of section 3.5.23 of the Gambling venues. These restrictions apply to all gaming machine games. Regulation Act 2003, the VCGR may make rules for, or with respect to, gaming machines in gaming venues and at the The restrictions do not apply to a game played on a gaming machine located in an area specified by notice of the Casino. These rules are known as the Commission’s Rules, Commission published in the Government Gazette if the with separate rules applying to gaming venues and the Casino. operator complies with certain responsible gambling provisions There were no changes to the Commission’s Rules during specified in the notice. The total number of gaming machines the year. that are permitted to operate in a mode which is exempt from the aforementioned restrictions is limited to 1,000 for each The Commission’s Rules in their current form are at Appendix 4 gaming operator. Further the proportion of gaming machines of this report. in all specified areas within each venue is limited to 20 per cent of the approved number of gaming machines for that venue. Rules Approved by the Commission The Commission monitored operations of the gaming operators to ensure that at all times the maximum number of gaming Lottery Rules machines operating in the exempt mode remained within the prescribed limit. The VCGR approved one new public lottery known as Monday/ A further requirement for the removal of the bet limits restriction Wednesday Lotto and one submission for amendment to the in a specified area is that the gaming machines can only be rules for the Tatts public lottery known as Oz Lotto in the form of played by means of a card, Personal Identification Number or minor wording changes. similar technology that requires the player to nominate limits on The VCGR approved rules for two new public lotteries known as time or net loss before play can commence. Lucky 3 and Lucky 5 Red or Black and three submissions from Tatts is the only gaming operator to have specified areas in Intralot Australia Pty Ltd for amendments to rules relating to the venues within its gaming network. Tatts applied, and received public lotteries known as Cross & Match (‘Lucky Lines’), Keno approval, for specified areas in the following gaming venues: 10/20/70 (‘Lucky Keno 70’) and TV Bingo (‘Lucky Bingo Star’). Bayswater Hotel; The VCGR approved five submissions from Intralot for changes to the details of their licence conditions required as a result of Box Hill RSL; and the new and amended rule submissions. Melton Country Club. Club Keno Rules Possession of Gaming Machines There were no submissions for amendments to the rules relating The VCGR issued 38 authorisations under sections 3.2.2 and to Club Keno. 3.5.1 of the Gambling Regulation Act 2003 to permit possession of electronic gaming machines or restricted components. The Betting Rules (Pari-mutuel) authorisations included inoperative electronic gaming machines on cruise ships whilst in port in Victorian waters and electronic The VCGR approved one submission involving amendments gaming machines in the possession of accredited testing to the Rules Relating to Betting Transactions in Victoria (Pari- facilities, held by collectors of antique gaming machines and in mutuel betting). These amendments were to allow for jackpot bulk storage facilities. allocations, the introduction of the Big 6 bet type and seeded jackpots.
General Approvals for the Sale or Disposal of Gaming Equipment/Gaming Machines Betting Rules (Fixed Odds) Pursuant to the Gambling Regulation Act 2003 and the Casino The VCGR approved one submission to amend fixed odds Control Act 1991, the VCGR has issued general approvals to betting rules to allow for the jockey challenge bet type. Tabcorp, Tatts and Crown for the sale or disposal of gaming equipment including electronic gaming machines.
30 Revenue Verification Anti Money Laundering Monitoring Verification of Gambling Revenue and Government Duty The VCGR continued its rigorous program of monitoring every gaming machine to identify all irregular transaction activity. Each The VCGR was responsible for ensuring that all gambling irregular transaction identified, being a potential indicator of revenue was correctly calculated and that all taxes and levies possible money laundering, was closely examined and where under the Gambling Regulation Act 2003 were paid as required necessary an explanation sought for the irregularity. On every by licensees. occasion, an explanation entirely consistent with reasons other During 2008–2009, activities undertaken to verify the calculation than money laundering was provided. of the gaming tax payable under the Act were: • periodic audits of each day’s electronically monitored gaming Gambling Systems Risk Assessment and Audit machine financial transactions and jackpot pools for each gaming operator; Fifteen audits were undertaken of: • periodic audits of the daily financial reports and electronically • the gaming central monitoring and control systems provided monitored gaming transactions from the Club Keno system; by Tabcorp, Tatts and Crown; • audits of the daily financial reports from the pari-mutuel • the wagering, Sportsbet and Trackside systems operated wagering system; by Tabcorp; • audits of the weekly financial reports from fixed odds • the lottery system, including the Internet lotteries system, approved betting competitions comprising Sportsbet and operated by Tatts; Trackside; and • the operation of Intralot lottery games including Instant • verification of the daily sales figures and dividends payable Lottery tickets; for each public lottery, namely, Lucky Keno 70, Lucky Lines, • the Club Keno computer system operated by Tatts on behalf Lucky Bingo Star, Lucky 3, Lucky 5 Red or Black, Oz Lotto, of the joint operators, Tatts and Tabcorp; and Monday/Wednesday Lotto, Powerball, Saturday Night Lotto, • the electronic table games operated by Crown. Super 66, the Pools and Instant Lottery. As required, corrective action was undertaken by the gambling system operators to minimise the risk on the approved systems Duty Paid to Participating Jurisdictions and maintain data and system integrity. Under agreement with other States, Territories and international The audits of the approved systems were conducted to verify jurisdictions for their share of taxes from lottery product sales, whether contributions, prizes, pool balances and player the amounts payable to these jurisdictions were verified prior entitlements were in accordance with VCGR approvals. In to payment. addition, the audits confirmed the system and data integrity of all approved gambling systems and that all systems were operating Returns to Players as approved. Operational audits are undertaken to ensure that gaming The initial review of the newly approved Intralot lottery system operators complied with the statutory obligation of returning to was undertaken and also an evaluation of the controls in the players not less than 87 per cent of the total amounts wagered in area of producing Instant tickets was completed. The reviews a year at each gaming venue. The audits undertaken confirmed confirmed that Intralot has taken adequate measures to minimise that, for the 2008–2009 year, all gaming venues complied with the risks to ensure the controls are adequate for maintenance of the statutory requirements under section 3.6.1 of the Gambling data and system integrity. Regulation Act 2003. Further, ongoing reviews of all proposed products and systems Further information, relating to player loss from the total amounts were undertaken, including the Tabcorp wagering integration wagered on gaming machines at approved gaming venues, and optimisation program and the Tatts lotteries project. is contained in Appendix 15, Appendix 16, Appendix 17 and These reviews focused on security, accountability, auditability, Appendix 18 of this report. manageability and control, together with all other related risks Data for gaming machine expenditure, or player loss, by and compliance issues, to ensure system and data integrity on individual gaming venue is now regularly published on the VCGR the proposed systems that are being considered for approval by website, with fresh information to be provided at six-monthly the VCGR. intervals for the calendar periods ended June and December each year.
31 Intended Outcome 3
Regulate the activities of key operatives in the gaming machine, casino, wagering, lotteries, bookmaking, Club Keno, sports betting and community and charitable gaming industries
Outputs The directions and notice of conditions were mailed to all registered bookmakers and bookmakers’ key employees. Licences, Permits and Authorisations From 1 January 2009, all registrations approved by the VCGR Implementation of the Provisions of the Racing and are subject to these directions and notice of conditions. Gambling Legislation Amendment Act 2008 This Act, which came into operation on 1 January 2009, Establishment of Gambling Licences Project Branch introduced new provisions into the Gambling Regulation Act In April 2008, the Government announced its decision on a 2003 that give the VCGR responsibility for the registration of new structure for gambling in Victoria beyond 2012. It was bookmakers and bookmakers’ key employees. The Act also announced that the gaming machine industry will move from the gives the VCGR responsibility for approval of bookmakers current gaming operator system to new arrangements where to be in partnerships and approval of companies to act as venue operators will own and operate the machines. Hotels bookmakers. The Act also provides the VCGR with disciplinary and clubs will be required to purchase 10-year gaming machine action powers against a registered bookmaker or bookmaker’s entitlements through a pre-allocation process limited to club key employee in certain circumstances. venue operators or a subsequent competitive bidding process To facilitate the transfer of responsibility, the VCGR liaised open to all licensed venue operators in order to operate gaming with the Bookmakers and Bookmakers’ Clerks Registration machines. This system will be supported by the creation of an Committee and peak industry bodies including Racing Victoria independent Monitor with an exclusive licence being awarded. Limited, Harness Racing Victoria, Greyhound Racing Victoria In addition, a single, exclusive Keno Licence and a single, and the Victorian Bookmakers’ Association. The VCGR also exclusive pari-mutuel and fixed odds Wagering and Betting prepared information for industry, which is published on the Licence will also be awarded. VCGR website, and wrote directly to all registered bookmakers In August 2008, the Gambling Licences Project (‘GLP’) Branch about the changes. was established to take lead responsibility for transitioning the On 21 April 2009, as part of its ongoing monitoring of VCGR to meet its regulatory functions in the new gambling bookmakers and bookmakers’ key employees, the VCGR structure. approved and issued directions to registered bookmakers, On 26 August 2008, new legislation commenced relating to the associates and nominees of registered corporate bookmakers process for awarding the post-2012 Keno Licence and Wagering pursuant to section 4.5A.17 of the Gambling Regulation Act and Betting Licence. 2003. In addition, the VCGR approved and issued notice of conditions to registered bookmakers’ key employees pursuant to section 4.5A.11 of that Act.
32 Establishment of Gambling Licences Project Branch Where the Secretary requests the Commission to conduct (continued) inquiries about, and investigations of, possible Invitees and The new legislation allows the Minister for Gaming to call Applicants, these will be carried out by the Commissioners for Registrations of Interest in each of these two licences appointed on 22 October 2008, with the support of staff in and, following reports from the Secretary of the Department the GLP Branch. of Justice, to invite Registrants to apply for the grant of In each case, the Commission is required to report in writing each licence. to the Secretary, Department of Justice, on its investigations The process requires the Secretary to report to the Minister of Applications for, and Expressions of Interest in, the grant of on the suitability of each Registrant and Applicant, based on the Monitoring Licence. a number of legislated criteria. In preparing her report to the Minister, the Secretary may request the Commission to conduct Sports Controlling Bodies and New Betting Events inquiries and investigations on each Registrant and Applicant. Provisions within the Gambling Regulation Act 2003 allow for Due to probity restrictions in the licence awarding process, any the VCGR to approve Sports Controlling Bodies and approved inquiries and investigations are not being carried out by the day betting events either at fixed odds or pari-mutuel. to day Commissioners. These provisions have been designed to strengthen public Instead, Judge Gordon Lewis AM was appointed as a Deputy confidence in the integrity of sporting events and the betting that Chairperson while Kenneth Loughnan AO and Suzanne Jones takes place on those events. In addition, the legislation enables were appointed as Sessional Commissioners of the VCGR on sporting bodies to receive their fair share of revenue from the 22 October 2008. betting that takes place on their sport. Where the Secretary requests the Commission to conduct The VCGR approved the Professional Golfers Association and inquiries and investigations of Registrants and Applicants, these Tennis Australia as Sports Controlling Bodies for the following will be carried out by these Commissioners, with the support of events: staff in the GLP Branch. • Professional Golfers Association of Australia (approved In each case, the Commission is required to report in writing to 15 July 2008) – the Secretary, Department of Justice, on its investigations of – all events controlled and regulated by the Professional Applications for, and Registrations of Interest in, the grant of Golfers Association of Australia; the Keno Licence and the Wagering and Betting Licence. • Tennis Australia (approved 19 August 2008) – The Minister for Gaming called for Registrations of Interest in the grant of a Keno Licence on 17 September 2008. The – all tournaments controlled and regulated by Tennis Australia. closing date for the lodgement of Registrations of Interest The VCGR approved the following new fixed odds betting was 14 November 2008. events: The Minister for Gaming called for Registrations of Interest in the • Ice Hockey – matches controlled and regulated by the USA grant of a Wagering and Betting Licence on 5 November 2008. National Ice Hockey League; The closing date for the lodgement of Registrations of Interest • US Presidential Elections; and was 16 January 2009. • Australian Federal Elections. In June 2009, further legislative amendments created provisions for the awarding of the new Monitoring Licence to monitor the operation of gaming machines at approved hotel and club Public Lottery Licences – Ongoing Monitoring venues from 2012. The amendments enable the Minister to invite In May 2009, to facilitate the ongoing monitoring of the two applications for the Monitoring Licence. public lottery licensees, Tatts Group Limited and Intralot Prior to this, on 25 March 2009, the Minister for Gaming had Australia Pty Ltd, the VCGR issued notices to each licensee called for Expressions of Interest in the grant of a Monitoring specifying the information they are required to report to the Licence. The closing date for the lodgement of Expressions of VCGR under section 5.6.1 of the Gambling Regulation Act 2003. Interest was 29 May 2009. In addition, the VCGR issued notice of requirements under s5.6.1(3) of that Act to the associates of the lottery licensees. The process requires the Secretary to report to the Minister on the suitability of each Invitee and Applicant, based on a number of legislated criteria. It also allows for the Minister to request reports from the Secretary on persons the Minister is considering inviting to apply for the licence. The process also enables the Secretary to request the Commission to conduct inquiries and investigations on each possible Invitee (meaning a person the Minister is considering inviting to apply for the licence) and Applicant.
33 Intended Outcome 3 continued
Probity Monitoring The level of uptake of electronic lodgement by venue operators Business associates of Key Gaming Operatives has increased each year since it was implemented. While 69 per cent and 72 per cent of CBS were lodged electronically in 2005- The VCGR continues to monitor the business associates of key 2006 and 2006-2007 respectively, 78 per cent of all CBS lodged gaming operatives. for the 2007–2008 year, required from club venues only, were The Commission assessed, and did not object to, a number of lodged electronically. business associations with associates of Tatts Group Limited, Further information relating to Community Benefit Statements is Tattersall’s Gaming Pty Ltd, Tattersall’s Sweeps Pty Ltd, provided at Appendix 3 and Appendix 14 of this report. Bytecraft Systems Pty Ltd and Wintech Investments Pty Ltd.
On-line Applications for Trade Promotion Lottery Permits Shareholder Monitoring The project to introduce on-line lodgement of trade promotion Crown Melbourne Limited lottery permit applications is now at the final stage of Approval from the VCGR is necessary for any person to be documentation and training, including the on-line payment entitled to more than five per cent of the total number of shares facility, with a view to implementation in September 2009. on issue in Crown Melbourne Limited. During 2008–2009 there was no change in shareholding in Art Union, Raffles and Trade Promotion Lottery Working Party Crown. The VCGR participates in the Australasian Casino & Gaming Regulators’ CEOs Working Party, established in 2007 to review Tabcorp Holdings Limited regulatory issues arising from art unions, raffles and trade Under section 4.3.20 of the Gambling Regulation Act 2003, promotion lotteries conducted nationally or across multiple a person has a prohibited shareholding interest in Tabcorp jurisdictions. The aim is to achieve harmonization in regulatory Holdings Limited if that person is entitled to voting shares of requirements between States and Territories. more than 10 per cent of the total on issue. If a prohibited In late 2008 Victoria assumed the role of Chair of the Working shareholding is detected, the Minister for Gaming may require Party, which has representatives invited from each State and that person to dispose of the relevant number of shares. Territory. Since then, the VCGR has convened two meetings, No person held a prohibited shareholding during the reporting on 4 February 2009 and on 3 June 2009, with representatives period. providing information on arrangements for the activities within their jurisdictions. Initial tasks involve identifying similarities Tatts Group Limited and differences, enhancing knowledge, understanding and Under section 3.4.37C of the Gambling Regulation Act 2003, cooperation across regulatory agencies and identifying priority a person has a prohibited shareholding interest in Tatts Group topics for the Working Party. Limited if that person is entitled to voting shares of more than Further information regarding VCGR representation on national 10 per cent of the total on issue. If a prohibited shareholding is working parties is contained in Appendix 19 of this report. detected, the Minister for Gaming may require that person to dispose of the relevant number of shares. An exception occurs Improved Provision of Licensing and Registration where a higher percentage accrued to the person prior to the Information transfer of the licences on 31 May 2005. Guide for Nominees of Venue Operators No person held a prohibited shareholding during the reporting The VCGR has updated the booklet ‘Being the Nominee of a period. Venue Operator: What you need to know’. A copy of the updated guide was mailed to all venue operators and is available on the Publishing of Race Fields and Unauthorised Betting VCGR website. To ensure compliance with the relevant legislation, the VCGR continues to work with Racing Victoria Limited, Harness Racing Gaming Industry Employee Licensing Information on VCGR Victoria and Greyhound Racing Victoria to maintain current Website information about who is authorised to conduct betting and In March 2009 venue operators, bingo centre operators, persons publish race fields. listed on the Roll of Manufacturers, Suppliers and Testers and gaming operators were given authenticated access to check Streamlined Regulation the current status of gaming industry employee licences on the VCGR website. Electronic Lodgement of Community Benefit Statements This new facility, which enables 10 licence numbers to be The VCGR provides the option for venue operators to lodge their verified at any one time, provides quick access to information for Community Benefit Statements (‘CBS’) electronically instead industry employers. From start-up to early June 2009, this facility of by mail. This option is designed to simplify the process of had been accessed on 318 occasions. lodging the annual CBS required of each gaming venue on or before 30 September each year.
34 Bookmaker Registrations Issue of Public Lottery Licences From 1 January 2009, the VCGR assumed responsibility for the Tatts and Intralot were each licensed to operate specified registration of bookmakers and their key employees, previously lotteries in Victoria, with effect from 1 July 2008. called bookmakers’ clerks, and also assumed disciplinary action These licences are effective for 10 years, from midnight 1 July powers. The new scheme allows for the first time the registration 2008 until 30 June 2018. of corporate bookmakers. The licence issued to Tatts provides for the conduct of the As all currently registered bookmakers and clerks will remain following lotteries: registered until 2010, the new registration requirements only • Tattslotto (‘Saturday Night Lotto’); applied to new entrants in 2008–2009, but will apply to renewals from 2010. • Super 66; A comprehensive guide and frequently asked questions (‘FAQs’) • Super 7’s Oz Lotto (‘Oz Lotto’); regarding the new registration scheme for bookmakers and • Powerball; and bookmakers’ key employees were added to the FAQs available • The Pools (‘Soccer Pools’). via the VCGR website. On 16 September 2008, the Minister for Gaming approved Fingerprinting of Bookmakers an amendment to the Tattersall’s Public Lottery Licence to On assuming responsibility for the registration of bookmakers provide for Tatts to conduct the new public lottery Monday and and bookmakers’ key employees from 1 January 2009, the Wednesday Lotto. The first draw of this public lottery took place VCGR extended its probity checking processes to include the on Monday 13 October 2008. taking of finger and palm prints of bookmakers. As the new The licence issued to Intralot provides for the conduct of the arrangements include the registration of corporate bookmakers, following new lotteries: associates of corporate bookmakers will also be required to • Keno 10/20/70 (‘Lucky Keno 70’); have their finger and palm prints taken. Finger and palm prints are taken when VCGR interviews are conducted as part of the • Cross and Match (‘Lucky Lines’); assessment of associate suitability. This is consistent with the • Instant Lottery Games (‘Scratchies’); State’s commitment to developing and maintaining the highest • TV Bingo (‘Lucky Bingo Star’); standards of probity for gambling service providers. • Pick 3 (‘Lucky 3’, following a name change in the lottery rules As all currently registered bookmakers will remain registered until and details of the licence); and 2010, the new probity requirements only applied to new entrants • Pick 5 Heads or Tails (‘Lucky 5 Red or Black’, following a from 1 January 2009, but will apply to renewals from 2010. name change in the lottery rules and details of the licence). Lucky 3 and Lucky 5 Red or Black, which were required to begin operating by 1 July 2009, commenced on 1 June 2009.
35 Intended Outcome 4
Supervision and control of the Casino
Outputs • the Health Benefit Levy (currently $4,333 per EGM per annum) will be abolished from 1 July 2012; New Casino Arrangements – Crown Melbourne • adjustments to super tax thresholds; and Limited • no further amendments to casino taxes or levies to be On 12 May 2009, the State announced that it had reached initiated before 30 June 2022. agreement with Crown Melbourne Limited on a broad number The new casino arrangements are subject to a Ninth Deed of of changes to be implemented, including amendments to the Variation to the Casino Management Agreement, requiring Casino licence conditions and changes to the tax applying to ratification by legislative amendment, and amendments to the electronic gaming machines (‘EGMs’) at the Casino. Casino Licence (made by the VCGR to take effect when the Key features of the new agreement include: Ninth Deed of Variation to the Casino Management Agreement • the tax rate on EGMs at the Casino, currently 22.25 per cent, takes effect). will be increased by 1.72 per cent for each year for six years The Casino Agreement and Casino Licence can be viewed on from 2009-2010, resulting in a total tax rate increase of 10.32 the VCGR website at www.vcgr.vic.gov.au. per cent from 2014-2015; • an increase in the maximum permitted number of traditional Compliance table games (blackjack, roulette, baccarat, etc) from the current limit of 350 to a new limit of 400, excluding poker Casino Surveillance tables: in addition to the new limit of 400 traditional tables, Inspectors maintained a 24 hour per day, seven days per week up to 100 poker tables will be also be permitted; in summary, supervisory presence at the Casino. In 2008–2009 the Casino the new increased table limits will allow Crown to increase operated up to its permitted maximum of 350 gaming tables, the number of traditional table games by up to 100 tables and up to 2,500 electronic gaming machines, the maximum and to increase the number of poker tables by up to 50 tables permissible number. The casino operator has 75 different types resulting in a new total limit of 500 tables; of table games, including variations, approved for play and • up to 200 terminals/screens for fully automated multi-terminal currently offers 29 for the use of Casino patrons. There are table games, excluding poker, will be permitted within the 719 different games approved for play on electronic gaming new table game limit; machines in the Casino. Currently 238 are offered for play.
36 Casino Layout Other minor changes involved moving a wall to facilitate the Thirty-four applications were approved by the VCGR under removal of a promotional area in order to utilise the space section 59 of the Casino Control Act 1991 for re-configuration of for gaming, and removing an air lock space from the Casino gaming tables and electronic gaming machines at the Casino. boundary area in the Sports Casino precinct. All these revisions resulted in a net reduction to the gaming area within the Casino
boundary of approximately 1,981 square metres. Specified Areas On 11 December 2008, the Commission approved a redefinition Restrictions on large denomination note acceptors, autoplay of the Casino boundary in relation to a minor change at the facilities, spin rates, the payment of winnings by cash and bet West End of the Casino Complex. A section of the West End limits apply to all electronic gaming machines located in the wall was extended by approximately 800 millimetres to put into Casino and in gaming venues. From 1 January 2008 these effect a correction made to an architectural drawing which did restrictions have applied to all gaming machines and gaming not allow for the wall to be fixed to an overhead concrete beam. machine games. Approximately, eight square metres was added to the gaming The restrictions do not apply to a game played on a gaming area within the Casino boundary. machine located in an area specified by notice of the VCGR Each application from Crown complied with all statutory published in the Government Gazette if the operator complies requirements, including payment of the fee prescribed by the with certain responsible gambling provisions specified in the Casino Control (Boundary Redefinition Fee) Regulations 2005. notice. The total number of gaming machines available to Also, the areas approved were within the location for which the an operator complying with responsible gambling provisions Casino licence was granted, that is, the ‘Casino Site’. specified in such a notice is 1,000. As a notice of this type has been issued in relation to specified Internal Control Manual areas within the Casino, the VCGR monitored operations at the Casino to ensure that, at all times, the maximum number of Thirty submissions from Crown to amend the Crown Internal gaming machines in operation remained within the permitted Control Manual were approved by the VCGR under section 121 limit. of the Casino Control Act 1991. These submissions included proposals to convert sections of the Internal Control Manual A further requirement for the removal of the $10 bet limit in a to the new Internal Control Statement and Standard Operating specified area of the Casino is that the gaming machines can Procedures format as part of the ongoing Crown project to only be played by means of a card, Personal Identification streamline the Internal Control Manual. Number (‘PIN’) or similar technology that requires the player to nominate limits on time and net loss before play can commence. During 2008–2009 the VCGR approved two submissions for Rules Approved by the Commission changes to the specified area at the Casino. Rules for Casino Games Casino Boundary Under section 60 of the Casino Control Act 1991, the VCGR The boundary of the Casino gaming area was changed three approved 27 amendments to the rules of the games that may be times during 2008–2009 in response to applications from Crown played in the Casino. pursuant to section 17 of the Casino Control Act 1991. On 22 July 2008, the Commission approved a redefinition of the Appeals Against Exclusion Orders Casino boundary as a result of a reconfiguration of the Warner During the 2008–2009 reporting period, fifteen persons lodged Brothers tenancy and a minor adjustment to the area occupied appeals against exclusion orders prohibiting them from entering by the Noodle Bar. The requested changes were relatively small or remaining in the Casino. and added approximately 174 square metres to the gaming area Of these fifteen appeals, three were outside the allowable within the Casino boundary. time period for lodging an appeal, six were rejected, none was On 16 September 2008, the Commission approved a redefinition upheld, and six appeals were pending as at 30 June 2009. of the Casino boundary involving a number of changes in In addition, two of the nine appeals lodged in the previous year relation to the main gaming floor refurbishment program. were determined in 2008–2009. These appeals were rejected. The first change reduced the size of the West End precinct by approximately 2,000 square metres. This area, which was occupied by the King’s Buffet restaurant and up to 320 gaming machines, was redeveloped into a new and diverse food area. The second change repositioned the West End entry point. The third change added the control zone and escalator space near the original West End entry point to the Casino boundary.
37 Intended Outcome 4 continued
Patron Complaints at the Casino Patrons lodged 38 complaints relating to the conduct of gaming in the Casino. Investigations by Inspectors found that, in respect of 35 complaints, gaming was conducted in accordance with the rules and procedures of the game as approved by the VCGR. Three complaints were under investigation as at 30 June 2009.
Prosecutions and Warnings – Casino During the year official warnings were issued to 97 excluded persons who breached exclusion orders for the first time.
Five excluded persons were prosecuted for 22 offences relating to breaching of exclusion orders under section 77 of the Casino Control Act 1991. These exclusions were non-voluntary in nature, that is, the persons involved were not self-excluded persons. As at 30 June 2009, no excluded persons are awaiting prosecution for breaching their exclusion orders.
Details of the seven prosecutions are shown in the following table.
Prosecutions – Casino
Defendant Defendant Address Offence Court Date Court Result
Handy Nguyen Richmond Breach Casino Exclusion Order, 1 Oct 2008 Convicted and fined $500 section 77
Aliasghar Abed Doncaster East Breach Casino Exclusion Order, 19 Nov 2008 Convicted, fined $2,100 plus (three counts), costs of $351 section 77
Thi M L Nguyen Richmond Breach Casino Exclusion Order 19 Nov 2008 Convicted, fined $4,700 plus (five counts), costs of $350 section 77
Aliasghar Abed Doncaster East Breach Casino Exclusion Order 9 Feb 2009 Convicted, fined $750 plus costs (three counts), of $350 section 77
Handy Nguyen North Melbourne Breach Casino Exclusion Order, 2 Apr 2009 Matter dismissed section 77
Cheng Pheng Srey North Melbourne Breach Casino Exclusion Order 30 Apr 2009 Convicted, fined $4,000 plus (five counts), costs of $360 section 77
Dung L Thai Thomastown Breach Casino Exclusion Order 20 May 2009 Without conviction, adjourned to (four counts), 18 May 2010 plus costs of $250 section 77.
Note: Offences under the Crimes Act 1958 and the Summary Offences Act 1966 were processed and prosecuted by the Victoria Police, with the assistance of VCGR Inspectors when required.
38 Disciplinary Matters under the Casino Control Act 1991 In 2008–2009 the VCGR took disciplinary action against the casino operator and 17 casino special employees of the casino operator, as outlined in the following tables:
Casino Operator – Crown
Grounds Decision Date Result
Contravened a provision of the Act when, on 13 June 2007, the game of Texas Hold’em 1 Jul 2008 Fined $2,000 Poker was played in the Casino with an incomplete deck of cards containing less than the required 52 cards, otherwise than in accordance with the approved rules of the game
Contravened a provision of the Act when, on 28 October 2007, the game of Blackjack was 11 Nov 2008 Letter of censure played in the Casino with an incomplete deck of cards, otherwise than in accordance with the approved rules of the game
Contravened a provision of the Act when, on 5 July 2007, the game of WSOP Bonus Texas 16 Dec 2008 Fined $2,000 Hold’em Poker was played in the Casino with an incomplete deck of cards containing less than the required 52 cards, otherwise than in accordance with the approved rules of the game
Contravened a provision of the Act when, on 15 January 2008, the game of Omaha Poker 7 Apr 2009 Fined $7,500 was played in the Casino with an incomplete deck of cards containing less than the required 52 cards, otherwise than in accordance with the approved rules of the game and notwithstanding the constant display of the red light on the automatic shuffle machine as well as two stub counts conducted by the dealer that indicated only 51 cards in the deck
Casino Special Employees
Surname Given Name(s) Licence Number Grounds Decision Date Result
Tomazos Emmanuel C99096915 Failed to provide required information 1 Jul 2008 Letter of censure
Lee Jeffrey Alan C9701477 Failed to provide required information 19 Aug 2008 Letter of censure
Nguyen Tien Van C9701357 Found guilty of a ‘relevant offence’ and 9 Sep 2008 Letter of censure failed to provide required information
Bulner David Malcolm C9702369 Failed to provide required information 14 Oct 2008 Letter of censure
Shepherd James York C06103455 Found not suitable 21 Oct 2008 Licence cancelled
Testa Jeremy Adam C02100632 Found guilty of a ‘relevant offence’, 13 Jan 2009 Licence cancelled failed to provide required information and found not suitable
Mancev Nathan C08104533 Found not suitable 20 Jan 2009 Licence cancelled
Metaj Alban C07104146 Found not suitable 20 Jan 2009 Licence cancelled
Nugent Barry James C98095215 Failed to provide required information 20 Jan 2009 Letter of censure
Seipolt Bianca Fiona C00097557 Found guilty of a 'relevant offence', 27 Jan 2009 Licence cancelled failed to provide required information and found not suitable
Nicholls Brenton Ewan C08104396 Found not suitable 10 Feb 2009 Licence cancelled
Saitta Trent C02100437 Failed to provide required information 10 Feb 2009 Letter of censure
Saros Luke C04101662 The licensee contravened a condition 10 Mar 2009 Licence cancelled of the licence and was found not suitable
39 Intended Outcome 4 continued
Disciplinary Matters under the Casino Control Act 1991 (continued)
Casino Special Employees (continued)
Surname Given Name(s) Licence Number Grounds Decision Date Result
Tran Dung Anh C07103983 Found guilty of a 'relevant offence', 31 Mar 2009 Licence cancelled failed to provide required information and found not suitable
Doidge Andrew Greg C98095183 Failed to provide required information 19 May 2009 Letter of censure
Jarvis David C9700542 Found not suitable 9 Jun 2009 Licence cancelled
Burgess Rayce Justin C07103914 The licensee contravened a condition 16 Jun 2009 Licence cancelled of the licence and failed to provide required information
‘Relevant offence’ in relation to a licensee means – • an offence against a gaming Act or gaming regulations; or • an offence arising out of or in connection with the employment of the licensee under a gaming Act; or • an offence (wherever occurring) involving fraud or dishonesty punishable on conviction by imprisonment for three months or more (whether or not in addition to a fine). When a casino special employee licence holder has failed to advise of a change of name and/or address within 14 days of the change taking place, but has not previously breached a gaming Act or gaming regulations, then an educative letter is issued to that licensee rather than the matter being dealt with through the disciplinary action process. During the 2008–2009 year, 61 educative letters were issued to Casino special employee licensees.
Exclusions by Chief Commissioner of Police Under section 30 of the Casino Control Act 1991 and the The Chief Commissioner of Police has the power to issue a provisions of the Internal Control Statement, Crown Melbourne written order to a person, prohibiting the person from entering or Limited must not enter into a contract with a provider of goods remaining in the Melbourne Casino Complex as well as specified and services, other than those exempted, prior to the VCGR racetracks. determining that it does not object to the contract. During 2008– 2009, Crown sought to enter into one new controlled contract, to A copy of an exclusion order issued by the Chief Commissioner which the VCGR, following its usual investigation, did not object. of Police is provided to the VCGR and the casino operator. The role of the VCGR is to supervise and monitor the Casino and racetracks to ensure that breaches of exclusion orders, if any, Revenue Verification are brought to the attention of the Chief Commissioner of Police. Verification of Casino Gambling Revenue The VCGR is responsible for ensuring that taxes and levies Controlled Contracts payable under the Casino Control Act 1991 were paid as Section 29(2) of the Casino Control Act 1991 requires the required by the casino operator. Commission to ‘…publish in its annual report all classes of During 2008–2009, activities undertaken to verify the calculation matter and all classes of contract specified by the Commission of the tax payable under that Act were: under paragraph (c), (ca) or (d) of the definition of “controlled • periodic audits of the gross gaming revenue of Casino contract” in sub-section (1) during the previous year’. gaming tables and audits of each day’s electronic gaming Paragraphs (c), (ca) and (d) relate to contracts that the VCGR, data received from the operator; by notice in writing, specifies as not being a controlled contract. • periodic audits of each day’s electronically monitored gaming In the year under review, no new classes of controlled contract machine financial transactions and jackpot pools; and were exempted under these provisions. • reconciliation of all taxes and levies payable under the Casino Control Act 1991 to independent calculations performed on behalf of the VCGR.
40 Intended Outcome 5
Foster responsible gambling
Outputs The VCGR developed criteria, including the Minister’s Directions and other legislative requirements, for approval of Codes and Responsible Gambling SEPs, which were required to be in place by 1 June 2009. Responsible Gambling Reference Group The Reference Group met in November 2008 and In April 2008 the VCGR established a reference group of provided feedback on the proposed criteria, process and stakeholders to provide input on its role in implementing timelines developed by the VCGR and to discuss an initial responsible gambling initiatives introduced by the Gambling communications plan with respect to Codes and SEPs. Peak Legislation Amendment (Problem Gambling and Other Measures) industry bodies also reported on progress with the development of generic Codes and SEPs which could be made available to Act 2007. Of particular importance was the role of the VCGR in individual licence holders and licence applicants to adopt when overseeing the development and implementation by gambling approved by the VCGR. providers of responsible gambling codes of conduct and self- exclusion programs. The establishment of the Responsible Responsible Gambling Codes of Conduct and Self-Exclusion Gambling Reference Group provided an efficient avenue for Programs industry consultation. The Victorian Government has made it mandatory for certain To ensure relevant views were considered, the VCGR invited organisations that hold gaming industry licences to have a several key industry and community groups to participate in Responsible Gambling Code of Conduct (‘Code’). Gaming venue the Reference Group. Industry representatives participating operators must also implement a Self-Exclusion Program (‘SEP’). in the Reference Group in 2008–2009 included the Australian The relevant legislative provisions took effect on 1 December Hotels Association (Victoria), Clubs Victoria Inc, the Community 2008 and allowed a six month period, until 1 June 2009, in which Clubs Association of Victoria, the ALH Group Pty Ltd, the Bingo to develop Codes and SEPs. Industry Association of Victoria, Intralot Australia Pty Ltd, Tatts The requirement to have a Code applies to all gaming venue Group Limited, Tabcorp Holdings Limited and Crown Melbourne operators, bingo centre operators, commercial raffle organisers, Limited. Community representatives included The Council the casino operator, the holder of the wagering licence or the of Gambler’s Help Services, the Victorian Local Governance wagering operator, public lotteries licence holders, the Club Association and The Salvation Army. Keno participants and interactive gaming licensees. It does In October 2008 the Minister for Gaming provided to the VCGR not apply to bingo or raffles which are run solely by declared Directions and Guidelines for Responsible Gambling Codes of community and charitable organisations, or to trade Conduct (‘Codes’) and Self-Exclusion Programs (‘SEPs’). promotion lotteries.
41 Intended Outcome 5 continued
Responsible Gambling Codes of Conduct and Self-Exclusion Under the legislation, the responsible planning authorities have Programs (continued) the right to make a submission as to the social and economic impact of such applications. In October 2008 the Minister provided a Direction to the VCGR in relation to the standards and requirements for Codes and SEPs. A social and economic impact assessment is also required when The VCGR then developed criteria and benchmarks for approval a venue operator seeks to amend the venue operator’s licence to of Codes and SEPs based on the Minister’s Direction and other enable gaming premises within the Melbourne Statistical Division legislative requirements. to offer gaming for 24 hours on any day. By 1 June 2009 the VCGR had approved Codes for all of the The following table shows the number of applications received above licence types, including generic Codes in the case of by the VCGR in 2008–2009: gaming venue operators and bingo centre operators. Details of approved Codes and SEPs are provided on the VCGR Applications Number website. For increases in gaming machine numbers 6 To assist industry with implementation of its new responsibilities, For new premises 5 the VCGR undertook a number of actions during 2008–2009: For 24-hour trading 0 • set up a telephone hotline and a dedicated email inbox for Total received 11 enquiries about Codes and SEPs;
• included on its website an easy to locate and navigate section All applications for new premises approvals, increases in dedicated to responsible gambling information; gaming machine numbers and 24-hour gaming on any day • established and staffed a Responsible Gambling Project are determined at public inquiries. Two of the public inquiries Team; conducted during 2008–2009 concerned applications received in • conducted well-attended information sessions for industry on the previous year. Codes and SEPs during Responsible Gambling Awareness The following table summarises the results of VCGR public Week held 25-31 May 2009; inquiries for 2008–2009: • prepared a special edition of the VCGR Newsletter dedicated to responsible gambling issues; and Public Inquiry Number • communicated and consulted extensively with industry Conducted 9 groups, peak bodies and individual licence holders during the development of Codes and SEPs. Decided 5 The VCGR will continue to provide information and support to Decisions pending 4 industry through the Responsible Gambling Project Team and Decisions appealed to VCAT 1 the Responsible Gambling Project Reference Group. The requirement to have a Code and SEP are licence conditions In addition to those matters that proceeded to public inquiry, two and the VCGR will be able to take disciplinary action if a applications were withdrawn before the dates scheduled licensee does not have a Code or SEP in place or where there for these public inquiries. are repeated breaches of the Code or SEP. The VCGR has Each public inquiry decision, together with written reasons incorporated checks for Code and SEP requirements into its for the decision, is published on the VCGR website at existing audit program. www.vcgr.vic.gov.au. A recent amendment to the Gambling Regulation Act 2003, A table showing, for 2008–2009, the net effect on gaming which took effect from 17 June 2009, makes it a condition of machine numbers of all determinations made by the VCGR, both registration for a bookmaker to have implemented an approved at meetings and public inquiries, is at Appendix 5. Responsible Gambling Code of Conduct. The legislation as amended provides for a six months grace period, but all Approval of Gaming Machine Types and Games bookmakers, regardless of when they became registered, will be required to have an approved Responsible Gambling Code of When approving any electronic gaming machine type or game Conduct in place by 19 December 2009. the VCGR considers responsible gaming matters by ensuring compliance with all responsible gaming requirements of the Social and Economic Impact Assessments Commission’s standards, in particular Chapter 9 of the Victorian In accordance with the Gambling Regulation Act 2003, all Appendix. applications for approval of new premises as suitable for gaming, and licence variations to authorise increased gaming machine numbers, are subject to economic and social impact assessments.
42 Compliance with Responsible Gambling Requirements Municipal Limits During the year inspections were conducted at gaming venues On 19 June 2009, the Minister for Gaming published an order in and the Casino to ensure compliance with the responsible the Government Gazette requiring the VCGR to determine the gambling requirements of the legislation. maximum permissible number of electronic gaming machines Inspections were made to check that: (‘EGMs’) available for gaming for each municipal district within the State. • gaming machines displayed the correct time; The order does not apply to any municipal district, or any part of • lighting in gaming machine areas and external views comply a municipal district, already subject to a regional cap. Excluded with requirements; from this order is the area within the City of Melbourne made • printed information (posters, talkers and brochures) and up of the precincts of the Melbourne central business district, electronic information including jackpot information were Docklands and Southbank, as defined by the map included in available to patrons; the order. • gaming machine advertising was not published outside a The criterion specified in the order, which the VCGR must use to gaming machine area; determine the maximum permissible number of EGMs available • gaming machine signage was compliant with the legislation; for gaming in a municipal district in Victoria, is a maximum of • winnings from a gaming machine in excess of $1,000 were 10 EGMs per 1,000 adults. The order also specifies the criteria paid by cheque, and the VCGR must apply when determining how EGMs are to be removed from a municipal district if the number of EGMs • gaming industry employees have completed an approved available for gaming in the municipal district exceeds the responsible provision of gaming training course. maximum permissible number. The VCGR took disciplinary action against one venue operator Under the order, the VCGR must make a determination as to the for displaying gaming-related signs in excess of the number EGMs to be removed from a municipal district by 30 September allowed. 2009. Any EGMs in excess of the maximum permissible number Further information regarding the disciplinary action taken by the must be removed by 30 December 2009. VCGR can be found in the tables commencing at pages 22 and 39 of this report. Regional Caps Review The Commission has announced that it will undertake a review Responsible Gaming Training – Gaming Industry Employees of the number of gaming machines in capped regions in Victoria The Gambling Regulation Act 2003 requires all gaming industry before the end of 2009. employees to complete an approved training course. Employees The 19 capped regions were set by the Minister for Gaming in are also required to complete an approved refresher course 2006. A review must be held at least once every five years, but at least once every three years following completion of the this has been brought forward because of new figures on the approved training course. The Act requires the Commission to growth of the population and the radical change to the gambling approve training courses and refresher courses that relate to the industry after 2012. This change includes removal of the gaming responsible provision of gaming. operator-based industry model, involving the Tatts/Tabcorp The VCGR has approved THHADG03B Provide Responsible duopoly, in favour of a venue-based model that allows hotel and Gaming Services as a course for the responsible provision of club venues to bid directly for gaming machine entitlements. gaming, with approval taking effect from 19 September 2006. The decision to undertake the review will provide certainty about This course has since been superseded by SITHGAM006A. In how many gaming machines will be available in each capped addition to the learning outcomes of SITHGAM006A, providers region before the allocation process proceeds. are also required to demonstrate to the VCGR that the course they are offering meets the learning outcome criteria developed The review will examine the latest estimated resident population by the Responsible Gambling Ministerial Advisory Council. figures based on the 2006 Census, which are likely to provide more accurate information than those used when the caps were Any newly-licensed gaming industry employee must complete first set. The population data will be provided by the Australian a full responsible service of gaming training course approved Bureau of Statistics and is expected to give the clearest picture by the VCGR within six months of commencing work within the available of the State’s adult population. gaming machine area of an approved venue. In 2006 the Minister ordered caps set at either the lower of 10 As at 30 June 2009, the full course has been approved to gaming machines per 1,000 adults or the number of gaming be offered by 34 training providers, with a refresher course machines per 1,000 adults at the time of his order. For this approved to be offered by 21 training providers. A list of all review the number of gaming machines will be calculated using providers is available at Appendix 13 of this report as well as on the same criteria. the VCGR website at www.vcgr.vic.gov.au.
43 Intended Outcome 5 continued
Participation in Responsible Gambling Ministerial Advisory Attendees were also advised that compliance processes at Council Working Parties the VCGR would be stepped-up as part of the formal audit Established in late 2004, the Responsible Gambling Ministerial inspection program that will cover all aspects of gaming, Advisory Council (‘RGMAC’) advises the Victorian Government, including the monitoring of Codes and SEPs. through the Minister for Gaming, on issues relating to A self-exclusion panel, consisting of a representative of the responsible gambling and minimising the negative impacts of administrator of one of the two approved SEPs, the Australian gambling on Victorians. Hotels Association, along with representatives of the VCGR The RGMAC, consisting of representatives drawn mainly from and Gambler’s Help, presented information at all three sessions industry and community groups, has established a number of and answered questions on the mechanics, role and benefits working groups to progress work on particular objectives and of self-exclusion to persons identifying themselves as problem initiatives. gamblers. During 2008–2009, the VCGR participated in the following At the regional VCGR industry information sessions in Geelong working groups: and Morwell, the session addressed legislative changes, the role of compliance and information about venue operator obligations • Research; and provided a list of VCGR branch contact details. • Product Safety; and In addition to holding its own industry information sessions, the • Industry Best Practice. VCGR also played a key ‘support’ role in relation to information The Industry Best Practice Working Group’s main focus during sessions that were arranged by the Office of Gaming and Racing 2008–2009 was the introduction of Responsible Gambling Codes and the Department of Justice. of Conduct and Self-Exclusion Programs following the release of The VCGR participated in a responsible gambling panel the Minister’s Directions in October 2008. discussion as part of a Metro Community Forum and held an interactive talk on electronic gaming machines (‘EGMs’) with an Participation in Responsible Gambling Awareness Week EGM at hand, titled “EGMs – How they work, Myths and Facts, Odds of Winning”. Two similar educational demonstrations were Responsible Gambling Awareness Week took place between 25 held at Geelong City Council and Latrobe City Council. and 31 May 2009, with Government, industry and community groups working together to promote the theme of the week, ‘Knowledge, Balance and Control’, through a diverse range of Responsible Gambling Information public events. To bring together in one place on the VCGR website all of the The VCGR played a major role in the week, running a series responsible gambling information, a new ‘Responsible Gambling’ of well-attended industry information sessions in metropolitan menu choice was created. This menu option provides an easier and regional Victoria on Responsible Gambling Codes of entry point for industry and the public to all responsible gambling Conduct (‘Codes’), Self-Exclusion Programs (‘SEPs’) and other information, and includes new information about Codes and responsible gambling measures. VCGR also provided support to SEPs. Office of Gaming and Racing and community events. Responsible Gambling Awareness Week provided the ideal time Reduction in Maximum Bet Limit for the public launch of Codes by the Minister. The Minister for Gaming issued a new Ministerial Direction Representatives from industry peak bodies, venue operators and under section 3.2.3(1) of the Gambling Regulation Act 2003 that staff, the community sector, local government, approved gaming reduces the maximum bet limit for all gaming machines outside training providers, and the Victorian Government registered for the Casino from $10 to $5. three main events, with a total of 513 people representing 231 This Direction, set out in full at Appendix 2 of this report, requires organisations attending sessions in Melbourne, Geelong and that all gaming machines approved on or after 1 July 2008 must Morwell. comply with the new bet limit of $5. For those gaming machines At the Melbourne session, the Minister for Gaming, The Hon. that have been approved prior to 1 July 2008, the bet limit of $10 Tony Robinson MP, presented the official launch of the Codes, will continue to apply until 1 January 2010, after which date the reminding attendees about the legislative changes that, with new bet limit of $5 will apply to all gaming machines outside the effect from 1 June 2009, make it compulsory for gambling Casino, other than those that may be in an approved specified industry licensees to have a Code and, in the case of gaming area of a gaming venue, in which case alternative responsible venue operators, a SEP. gambling requirements apply. The VCGR advised attendees that approved Codes and SEPs have annual review processes built into them, and that the VCGR criteria and benchmarks have outlined which stakeholders should be involved in any review.
44 Intended Outcome 6
Other operational matters
Outputs Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008 (71/2008) Legislation The Gambling Legislation Amendment (Responsible Gambling The following legislative provisions came into operation during and Other Measures) Act 2008 was assented to on 25 November the year. Further information relevant to legislation changes 2008. during the year is contained in Appendix 1B of this report. Parts 1, 5 and 6 came into operation on 26 November 2008. Sections 4, 5, 6, 8, 11, 12, 13, 15, 16, 17 and 18 came into Gambling Regulation Amendment (Licensing) Act 2008 operation on 1 March 2009. Sections 3, 29, 30, 31, 32 and 33 (40/2008) came into operation on 1 June 2009. Sections 14 and 19 to 28 The Gambling Regulation Amendment (Licensing) Act 2008 will come into operation on 25 November 2009. Sections 9 was assented to on 26 August 2008. and 10 will come into operation on 1 January 2010 if not proclaimed earlier. The Act, other than Part 3, came into operation on 27 August 2008. The remainder of the Act came into operation on The purposes of the Act are: 1 December 2008. (a) to amend the Gambling Regulation Act 2003 to – The purposes of the Act are: (i) consolidate offences in relation to minors; (a) to create a wagering and betting licence authorising the (ii) provide for the banning of irresponsible gambling products conduct of wagering on horse racing, harness racing and and practices; greyhound racing and the conduct of approved betting (iii) reform the regulation of the conduct of bingo by or on competitions; behalf of community or charitable organizations; (b) to create a keno licence authorizing the conduct of keno (iv) clarify the powers of the Secretary of the Department of games; and Justice in relation to wagering and betting licensing and (c) to provide for the appointment of additional Deputy keno licensing; Chairpersons and commissioners to the Victorian (v) make other miscellaneous amendments; Commission for Gambling Regulation. (b) to make consequential amendments to the Casino Control Act 1991 and the Racing Act 1958.
45 Intended Outcome 6 continued
Legislation (continued) (iii) imposing certain ownership and related person restrictions in relation to licensees and persons on the Roll of Racing and Gambling Legislation Amendment Act 2008 Manufacturers, Suppliers and Testers; (73/2008) (b) to authorise the conduct of a betting exchange; The Racing and Gambling Legislation Amendment Act 2008 was (c) to make further provisions in relation to simulated games and assented to on 25 November 2008. simulated racing events; This Act came into operation on 1 January 2009 except section (d) to make further provision in relation to the placement of 29 which came into operation on 1 June 2009. automatic teller machines in approved venues; The purpose of this Act is to amend the Racing Act 1958, (e) to make provision in relation to gaming machine pre- Gambling Regulation Act 2003 and the Instruments Act 1958: commitment mechanisms; and (a) to allow bookmakers to conduct internet and telephone (f) to otherwise improve the operation of the Act. betting operations at any time from approved racecourse locations; Subordinate Legislation (b) to transfer responsibility for the registration of bookmakers and bookmakers’ key employees to the Victorian Commission The following subordinate legislation came into operation this for Gambling Regulation; and year. Further information relevant to subordinate legislation is (c) to permit corporations to act as bookmakers. contained in Appendix 1C of this report.
Justice Legislation Amendment Act 2009 (25/2009) Gambling Regulation (Race Fields) Regulations 2008 (103/2008) The Justice Legislation Amendment Act 2009 was assented to on 17 June 2009. The Gambling Regulation (Race Fields) Regulations 2008 were operational from 4 September 2008. Sections 12 to 17, which amend the Gambling Regulation Act 2003, come into operation on a day to be proclaimed and These Regulations prescribe time limits and a form for sections 39 to 52, which also amend the Gambling Regulation applications for approval to publish and use Victorian race Act 2003, came into operation on 18 June 2009. fields and a time limit for determining applications and notifying applicants. The purposes of this Act are: (a) to amend various Acts, including the Gambling Regulation Act 2003, to provide for search warrants to be issued for Appeals Relating to Commission Decisions particular vehicles located in public places; and Review of Commission Decisions by VCAT (b) to amend the Gambling Regulation Act 2003 – Footscray Football Club – Club Edgewater (i) to provide further restrictions and exemptions in relation to During December 2008, over ten sitting days, the Commission gambling advertising; and heard an application by the Footscray Football Club for approval (ii) to require registered bookmakers to have a Responsible of premises as suitable for gaming with 70 gaming machines at Gambling Code of Conduct. Edgewater Boulevard, Maribyrnong. The Commission determined to approve the application, and the City of Maribyrnong appealed to the Victorian Civil Gambling Regulation Amendment (Licensing) Act 2009 and Administrative Tribunal (‘VCAT’) for merits review of the (29/2009) Commission’s decision. The Gambling Regulation Amendment (Licensing) Act 2009 was The proceedings for review of the Commission’s decision assented on 23 June 2009. have been listed by VCAT in conjunction with proceedings for Sections 1 to 62, section 69 to 75 and sections 82 to 85 came review of the decision by the City of Maribyrnong to refuse the into operation on 24 June 2009. Sections 63(1), 64, 65, 66, 67, application by the owners of the land, George Adams Pty Ltd 68, 76 and 77 come into operation on 1 January 2010 if not and Prizac Investments Pty Ltd, for planning approval. These proclaimed earlier. Sections 63(2) to (5), 78, 79, 80 and 81 will VCAT proceedings, listed for fifteen days, commenced on come into operation on 1 July 2012 if not proclaimed earlier. 9 June 2009 and will continue into 2009-2010. The purpose of this Act is to amend the Gambling Regulation Act 2003: Romsey Hotel Pty Ltd (a) to substantially restructure the gaming industry by – As reported last year, the Commission’s decision to refuse an (i) providing for a new licence for the monitoring of the application by Romsey Hotel Pty Ltd for approval of premises conduct of gaming; for gaming had been set aside by the then-President of VCAT, (ii) providing for the creation and allocation of gaming Justice Morris, following which the Shire of Macedon Ranges machine entitlements under which gaming by means of appealed to the Supreme Court, Court of Appeal on questions gaming machines will be authorised; of law. 46 It was held by the Court of Appeal that His Honour had erred The VCGR has established a privacy policy to reflect the in law by failing to take into account community opposition to principles in the legislation, and a Privacy Policy Statement the proposal for a gaming venue, and the application remitted is published on the VCGR website, outlining what personal to VCAT for determination according to law. The application information the VCGR collects for the purposes of its functions, was re-heard over six days in September 2008, by the current how the information is used and how an individual can access President of VCAT, Justice Bell. His Honour’s decision had not and/or amend his or her personal information held by the VCGR. been handed down as at the time of preparing this report. During 2008–2009 the VCGR received one privacy complaint, which was investigated by senior officers of the Commission and found to have been unjustified. Governance
Freedom of Information Report Human Resource Management Requests received 7 The VCGR has adopted a strategy of providing an encouraging Initial decision – and supportive environment for staff and actively promotes the Granted in full 0 understanding that the success of the VCGR is a product of the Partially granted* 4 contribution of all staff and that people are recognised for their contribution. A range of development opportunities are provided Denied 1 for staff. Previously released 0 The VCGR also actively promotes occupational health and In process 2 safety, and a non-discriminatory working environment. Non-existent document requested 1 Not proceeded with 1 Staff Development and Training Withdrawn 0 During the 2008–2009 year the VCGR offered a wide range Total 9 of training and other development opportunities in order to ensure staff members are equipped with the knowledge and Transferred from another Agency 0 skills required for their present and future roles. Staff members Transferred to another Agency 0 are encouraged to extend their professional skills through Average processing time (days)** 57 individually-agreed performance management plans. Assistance Internal review conducted 1 includes funding support, study and related leave to assist staff members undertaking certificate, undergraduate and Applications to the Victorian Civil and Administrative Tribunal 0 postgraduate studies. Complaints to the Ombudsman 0 The primary driver of individual training for each staff member * Includes two requests received in the previous year. of the VCGR is the performance management plan. This plan, which is developed as part of performance management ** Extension of processing time granted for two requests. planning commencing July each year, identifies agreed training needs across the financial year and is reviewed after six months. Statement under Section 104 Whistleblowers Protection In addition to the specific training arising out of individual Act 2001 performance management plans, some of the broader training The VCGR has procedures that comply with the requirements programs undertaken by staff included: of the Whistleblowers Protection Act 2001. These procedures • Equal Employment Opportunity (‘EEO’) workshops for all require disclosures of improper conduct or detrimental action staff and managers, on the topic of harassment and bullying, by the VCGR, its members or staff to be reported to the delivered by presenters from the Equal Opportunity and Ombudsman. Disclosures may be made by members and staff Human Rights Commission; of the VCGR or the public. There were no disclosures made • in-house training on the Charter of Human Rights and its this year and there were no recommendations made by the implications for VCGR business; Ombudsman that relate to the VCGR. • technical training including CPA, information technology, legal The procedures for disclosures are included in this report at and auditing seminars; Appendix 20. • gambling industry conferences and presentations; and • seminars presented by the Institute of Public Administration Privacy Australia. The VCGR is an ‘organisation’ within the meaning of the The VCGR has continued to present its adaptation of the Information Privacy Act 2000 and the Health Records Act 2001 Certificate IV in Government – Fraud Control Investigation, with and is required to comply with the Information Privacy Principles five staff achieving the qualification through a combination of and the Health Privacy Principles in those pieces of legislation. recognition of prior learning and formal coursework. 47 Intended Outcome 6 continued
Human Resource Management (continued) • appointment of, and training for, additional members of the Emergency Evacuation Team; Occupational Health and Safety (OHS) • provision of CPR training for staff; Commitment to the health and safety of its staff and a pro-active • initial and regular refresher training for fire wardens; approach in ensuring a safe working environment has been • formal office safety inspections; maintained. The Occupational Health and Safety Committee met quarterly to discuss relevant issues. Quarterly meetings of VCGR • participation by the VCGR in an Employee Assistance fire wardens and first aid officers were also held. Program that operates within the Department of Justice and provides assistance through financial and personal Assessments and measures undertaken to improve occupational counselling; and health and safety of employees during the 2008–2009 year were: • offering staff the opportunity to receive subsidised influenza • undertaking of individual ergonomic assessments as required, vaccinations. with staff being supplied with necessary equipment; Three training sessions were provided for the Executive and • providing staff with appropriate warnings of activities that may all senior staff in relation to Occupational Health and Safety impact on work safety whenever necessary; obligations and liabilities.
The following information is provided in respect of the performance indicators adopted:
Financial Year Claims Claims Frequency Claims Cost Ratio Average Cost of Claim ($) ($)
2000–2001 (baseline) 4 0.39 15,329.08 39,641
2001–2002 4 0.39 15,856.87 40,931
2002–2003 1 0.10 0.67 7
2003–2004 2 0.19 2,120.26 11,116
2004–2005 2 0.21 781.79 3,763
2005–2006 5 0.46 6,222.12 13,585
2006–2007 0 0.00 0.00 0
2007–2008 0 0.00 0.00 0
2008–2009 0 0.00 0.00 0
Workforce Data
Aggregate Workforce Data – Full Time Equivalents (‘FTE’)*
As at 30 June 2009 As at 30 June 2008 Employee Status Male Female Total Male Female Total Ongoing 79.00 51.52 130.52 77.00 45.12 122 .12 Executive Officers 2.00 2.00 4.00 2.00 3.00 5.00 Fixed Term VPS Staff 12.00 18.60 30.60 1.00 2.07 3.07 Casual 0.63 0.00 0.63 0.40 0.00 0.40 Sub-total 93.63 72.12 165.75 80.40 50.19 130.59 Statutory Appointments 1.00 0.00 1.00 1.00 0.00 1.00 Total 94.63 72.12 166.75 81.40 50.19 131.59
* This table includes the Accountable Officer (Executive Commissioner) but excludes part time statutory appointments of the Chair and Deputy Chair of the Commission, two Sessional Commissioners and three additional Commissioners. The increase of 35.16 for the FTE number in 2008–2009 reflects the increase in staffing requirements for the Government’s new initiatives in respect of gambling licences and responsible gambling.
48 Staff Profile by Position Staff profile by position information is included in the report at Appendix 21.
Executive Officer Definition An executive officer is a person employed as an executive under Part 3, Division 5 of the Public Administration Act 2004. Additionally, the total group of executives must be classified into two distinct categories based on the following definitions: • ‘Ongoing’ executives are executives who are responsible for functions or outputs that are expected to be ongoing at the reporting date; and • ‘Special projects’ executives are executives who are employed for a specific project, generally for a fixed period of time and relating to a specific government priority. The actual number of executive officers, and the remuneration paid to them over the course of the reporting period, is contained in Note 22 to the Financial Statements at page 89 of this report under the heading ‘Remuneration of Executives’. The definition of an executive officer does not include Governor in Council appointments as statutory office holders.
Executive Officer Details
2008–2009 2007–2008 Class Male Female Total Male Female Total EO-1 0 0 0 0 0 0 EO-2 0 1 1 0 0 0 EO-3 2 1 3 2 3 5
Notes: • All executive officers were employed in ongoing positions. • The Accountable Officer (the Executive Commissioner) is a statutory appointee and is not classified as an executive officer.
Industrial Relations The VCGR has continued to develop a sound working relationship with the relevant employee representative organisation, with quarterly meetings of the Consultative Committee having been maintained since their inception in 2004-2005. No time was lost during the year through industrial disputes. Staff participated in the State Services Authority People Matter Survey, providing important information on areas of key concern to staff for inclusion in business planning and policy setting processes. There were no recorded days lost as a result of accidents during 2008–2009.
Cultural Diversity
Culturally and Linguistically Diverse Communities The VCGR has continued to respond to the cultural and linguistic diversity of the Victorian community and in particular the community in which it operates by maintaining a number of staff with language aid accreditation. The VCGR plans to continue to support language aid accreditation amongst its staff with LOTE skills and pay the appropriate allowances to such staff as recognition of those skills.
Youth The VCGR has continued to participate successfully as an employer in the Youth Employment Scheme (‘YES’), with several staff vacancies being filled by former YES trainees. The VCGR plans to continue its involvement in the Scheme across the coming year.
Indigenous Communities Given its administrative links to the Department of Justice, the VCGR continues to have available the resources of the Department’s response to indigenous issues. The VCGR will continue to monitor broader programs in this area to identify opportunities for participation.
49 Intended Outcome 6 continued
Merit and Equity Principles To accommodate new regulatory responsibilities for Commitment to the principles of employment set out in the bookmakers, application and database enhancements were Public Administration Act 2004 has been maintained and actively undertaken within the Licensing Operation and Policy Branch implemented through adherence to the directions of the Public and Legal and Legislation Branch applications and databases Sector Standards Commissioner, policy development, training continued to be developed and/or enhanced. and employment practices. A new financial management system and a major upgrade to the payroll system were implemented within the Corporate Services Branch. Directions from the Public Sector Standards Commissioner The mobile field audit system for inspectors, studied as an Selecting on Merit ideal model by other jurisdictions, both overseas and interstate, had its capabilities further extended during this year, and a One situation arose in the 2008–2009 year in which exemptions new records management system was commenced within from the advertising of vacancies was made. Information Technology and Management Branch. In addition, significant work in software and business systems Grievances implementation and hardware infrastructure was undertaken to There were no formal grievances lodged in relation to establish the Gambling Licences Project Branch. employment matters or recruitment and selection matters in the As the amount of data and information acquired in its operations 2008–2009 year. continues to increase, the VCGR has increased the capacity and enhanced the functionality for information storage, timely Managing and Valuing Diversity retrieval and transmission, including another capacity increase Managing and valuing diversity continues to be a focus of for its major communication links, both internet and WAN. the VCGR. Staff participated in EEO harassment and bullying Information security and integrity has always been a key focus workshops presented by the Equal Opportunity and Human for VCGR and with the ever-increasing demands caused by Rights Commission of Victoria, new Harassment Contact Officers external ‘threats’ such as malicious viruses, it is an area where were trained and a significant proportion of new employees continuous monitoring and improvement occurs to minimize the continued to come from non-English speaking backgounds. risk to data, records and operations. A range of systems and operational enhancements have been implemented including latest-technology gateway upgrades and an ongoing program of Upholding the Victorian Public Sector Code of Conduct disaster recovery testing. The development and implementation The VCGR continued to place emphasis on appropriate conduct of the VCGR Information Security Classification system in the Victorian Public Sector (‘VPS’) through supporting the VPS progressed through its second stage and into its third and final Code of Conduct with a VCGR Code of Conduct as guidance stage during the year. for all staff. This is particularly emphasised when inducting new staff. Website The VCGR website has continued to provide a large range of Information Systems information and services to the public and other stakeholders With its custom applications, databases and its highly secure during the year. network and infrastructure forming a significant basis for its By way of this medium, the VCGR keeps the industry and public operations, information and communication technology system informed of its regular events and business such as its hearings, upgrades and enhancements have continued to be a focus for meetings and information sessions. A review of the website the Commission in 2008–2009. content was commenced during 2008–2009 and the first stage Further development and integration of business information outcomes of that review has seen more information and content systems applications was undertaken during the year. New added to the website. Ongoing enhancements will continue to and upgraded business applications were implemented increase the user-friendliness of the site. and progressed in all branches. For example, there was Decisions from Commission hearings and from the public and enhancement of the incident, report analysis and workflow private sessions of Commission meetings are published on the management system implemented for the Compliance and website regularly, in line with legislated requirements. Investigation Branch casino operations. A new and integrated venue plans system with greater functionality, flexibility and A key feature of the website is that it provides a considerable further integration capacity was implemented within the amount of high-value, frequently-updated data in relation to Gambling Operations and Audit Branch. the gaming industry. A twice-daily automated updating and publishing module ensures a significant section of information displayed in relation to gaming venues and associates is always current.
50 Gaming industry participants can use the website to obtain A new ‘Responsible Gambling’ page was added on the VCGR relevant legislative and regulatory requirements and access a website which now provides, via links to all responsible gambling store of other information. There are comprehensive frequently information, easier access to such information for the industry asked questions (‘FAQs’) and downloadable industry application and the public. forms available to streamline the application process. A new functionality was added during the 2008–2009 year Consultancies which allows prospective or current employers (including venue There was no expenditure on consultancies during 2008–2009. operators, bingo centre operators, manufacturers, suppliers, testers and gaming operators) to be able to check whether an Building Works employee or prospective employee holds a current licence. Up to 10 licence numbers can be verified at any one time. The VCGR does not have any buildings under its direct control and did not enter into works that required compliance under the The Community Benefit Statement on-line service provides Building Act 1993 in the reporting period. venue operators with a convenient place for lodgment and 2008– 2009 again saw a majority of Statements lodged electronically via the website. Increased application of on-line services will Disclosure of Major Contracts continue to feature in ongoing VCGR website development. There were no major contracts entered into by the VCGR in 2008–2009.
Report on Overseas Travel
Officer Destination Purpose Outcome
Director, USA and To undertake extensive probity Ability to assess suitability of applicant companies and Compliance Canada investigations concerning companies their associates to hold necessary approvals to operate and listed on the Roll of Manufacturers, in the gambling industry in Victoria. Investigation Suppliers and Testers.
Executive Rome, Italy, To attend the 2009 International Ability to gain up-to-date information from senior Commissioner Oslo, Norway Association of Gaming Regulators gaming regulators of issues relevant to Victoria and Macau, Conference (‘IAGR’) held in Rome; including: developments in new gambling technologies; China to meet with Norsk Tipping in Oslo a gaming machine pre-commitment scheme; regarding server-based gaming and information relevant to the ongoing suitability of with Director- General of Gaming, commercial gambling operators and their business Norway Gaming Regulator; and associates; and the latest developments in responsible meet with gaming regulators in gambling. Macau. The visit to Macau also allowed for a review of new casinos in Macau as a comparison with the Melbourne Casino which Crown is required to maintain as a world- class casino.
Executive London, UK To attend mid-year Steering The program for the 2009 IAGR conference was Commissioner Committee meeting of the IAGR and developed to include a number of topics relevant 2009 International Gaming Expo to Victoria including: anti-money laundering and (‘IGE’), in London, and meet with counter-terrorism financing; sports betting and European gaming regulators. wagering; responsible gambling; compliance; and new technologies. Meetings were held relevant to the ongoing suitability of a commercial gambling operator and its business associates. The opportunity was also provided to understand the latest electronic gaming machine types and games including server-based gaming and new table games on display at the 2009 IGE.
51 Intended Outcome 6 continued
Victorian Industry Participation Policy Environmental purchasing There are no issues relating to compliance with the Victorian The VCGR continued to carry out the following activities, which Industry Participation Policy. support the Government’s Environmental Purchasing Policy: • purchased only Australian manufactured copy paper, which National Competition Policy has a recycled paper content; and There are no issues relating to compliance with the National • operated photocopiers and laser printers that are Competition Policy. environmentally endorsed. While value for money was the core principle governing procurement activities, purchasing also required that Office-based Environmental Impacts environmental considerations be included in the procurement The VCGR Environment Management System (‘EMS’) was set up planning stage, tender specifications and in the tender evaluation to meet Government requirements and to reduce the impact of criteria where applicable. the Department of Justice on the environment. The initial focus has been on office-based activities in the areas of energy and Waste Production paper consumption, transportation, waste generation and green procurement. The property manager of 35 Spring Street Melbourne has engaged a recycling company to improve the environmental The EMS objectives include: performance of the building to gain ‘Waste Wise’ certification • reducing the amount of waste, and maximising the amount with Ecorecycle Victoria. This ‘whole of building’ project reused and recycled; commenced in late May 2005. • purchasing Green Power; For the period July 2008 to June 2009 some 62.3 tonnes of • separating office waste into recyclable, compost and true building waste was diverted from landfill through recycling. The waste parts; volume of waste now recycled building-wide is 87.83 per cent, • reducing passenger vehicle fleet emissions; up from 9 per cent before the program started. • ensuring new capital works incorporate environmental The VCGR has been involved for the last four years in a toner sustainability principles; recycle project operating through ‘Close the Loop’. This service guarantees that no office printing product waste ends up in • making environmentally-sound purchasing decisions for landfill. No figures are available on quantities of waste recycled. capital items and consumables; and • communicating environmental performance through regular reporting. Water Consumption Actions taken during the year to reduce general environmental The water consumption in the 35 Spring Street Melbourne impacts included: building is not individually metered and therefore there are no figures available. • recycling of mobile phones, mobile phone chargers and accessories; • recycling of computers and furniture to community-based organisations such as the University of the 3rd Age; • participation in Earth Hour; • secured building managers agreement to have water efficient flushers and bowls installed in the amenities areas; • replacement of 50 watt halogens lights with 35 watt halogen lights; • progressive replacement of fluorescent starters with green starters which are radioactive-free and lead-free; and • inclusion of a hybrid vehicle in the VCGR operational fleet.
Paper Use The VCGR used the following amounts of paper in 2008–2009 compared with 2007–2008:
Category 2008–2009 2007–2008 Paper used per Full Time Equivalent (FTE) (reams) 23.05 24.77 Paper used in total (reams) 3,844 3,260
52 Sustainable Energy Authority Victoria – Energy Smart Policy As part of the Government’s Business and Environmental Strategy (Sustainable Energy Authority Victoria), the VCGR is committed to responsible energy management. This is practised throughout all rented premises and energy efficient equipment is purchased wherever it is cost-effective to do so. Work projects that facilitate a reduction in energy usage will continue to be evaluated as they come to hand.
Annual energy consumption and expenditure for 2008–2009, compared with corresponding results for the previous year, is as follows:
Energy Consumption * Year Peak Off-peak Total kWh Green Energy Green Total ** kWh kWh kWh per FTE Units $ $ 2007–2008 237,795 127,062 364,857 2,772.6 36,486 1,225 30,386 2008–2009 297,066 164,250 461,316 2,766.5 59,568 1,828 43,277
* Information supplied by Jones Lang LaSalle on behalf of the Department of Treasury and Finance. ** Includes Green $ but excludes GST.
Transportation Operational vehicles are hired from the Department of Treasury and Finance, State Government Vehicle Pool, and all operating costs are covered under the individual hire. Individual consumption figures are therefore not available.
Operational Vehicles 2008–2009 2007–2008 Kilometres travelled 234,312 234,083
Following a review of operations, the VCGR reduced its operating fleet during 2004-2005 from 18 to 10 vehicles. This number was further reduced by one vehicle during 2006–2007. Since then, a fleet of nine operational vehicles has been maintained. Annual fuel usage for Executive vehicles for 2008–2009, compared with usage for the previous year, is as follows:
Executive Vehicles 2008–2009 2007–2008 Litres of petrol used 12,384.99 17,092.14 Litres per vehicle 2,476.99* 2,848.68
* The number of Executive vehicles reduced by one during 2008–2009.
53 Intended Outcome 6 continued
Output Performance Attestation on Compliance with the Australian/New Zealand VCGR targets formed part of the Gaming and Racing Risk Management Standard Management and Regulation output in 2008–2009. To ensure that risks are being managed in a consistent manner, The following table outlines the major output deliverables public sector entities are required to attest in annual reports that for which the VCGR is responsible. The table shows actual entities have in place risk management processes consistent performance against targets as specified in State Budget Paper with the Australian/New Zealand Risk Management Standard. No.3 for 2008–2009. These processes are effective in controlling the risks to a satisfactory level and a responsible body or audit committee Output measured below involves the monitoring and regulation verifies that view. of gambling in Victoria. The Commission has applied the requirements of the Victorian Government Risk Management Framework published by the Department of Treasury and Finance in confirming its Performance Measures Annual Year End compliance status. Target Actual
Quantity (number) Attestation Regulatory Services including Licensing and Compliance Activities 26,606 24,068 I, Ian Dunn, Chair of the Victorian Commission for Quality (%) Gambling Regulation (‘VCGR’), certify that the VCGR Accuracy of Regulatory has risk management processes in place consistent with Compliance Activities 100 100 the Australian/New Zealand Risk Management Standard Timeliness (%) and an internal control system is in place that enables Regulatory Compliance and the Executive to understand, manage and satisfactorily Licensing Activities progressed control risk exposures. The VCGR verifies this assurance within set timeframes 85 84 and that the risk profile of the VCGR has been critically reviewed within the 2008–2009 financial year.
Commentary on 2008–2009 results Quantity Performance was on target. Quality Ian Dunn Performance was on target. Chair Timeliness Victorian Commission for Gambling Regulation Performance was lower than the target because of the transfer of resources to the high-priority Gambling Licences Project and On this Date: 25 August 2009. subsequent impact due to backfilling of vacancies and training of replacement staff.
Other Information Available on Request In compliance with the requirements of the Ministerial Directions of the Minister for Finance, the VCGR has retained details in respect of those information items required by public entities to be available on request for relevant Ministers, Members of Parliament and the public. The applicable information items are set out at Appendix 22 of this report.
54 Summary of Financial Results
Background The VCGR also collects revenue on behalf of Government in The VCGR receives Grant funding for the provision of outputs relation to Gaming Taxation, Casino Taxation, Public Lotteries from the Department of Justice for its operations. and Licence Fees and other gaming and related activities which are paid into the Consolidated Fund and disclosed in the Notes Capital expenditure is funded by the generation of depreciation to the Financial Statements. The VCGR also makes payments expense which forms part of annual grant revenue recognised. from the Consolidated Fund to other jurisdictions (Payments Where necessary, appropriation funding is also provided in the made on behalf of the State) in relation to their share of public form of Additions to the Net Asset Base. lottery taxes which are collected in Victoria.
55 Summary of Financial Results continued
2008–2009 Operating Result Key highlights for 2008–2009 are as follows: • the operating result for the 2008–2009 year was a surplus of $547 as compared to a surplus of $0.093 million in 2007–2008; • the funding position of the VCGR as at 30 June 2009 is a net equity of $1.528 million. The overall net asset position of the VCGR has increased by $0.390 million from $1.139 million in 2007–2008, reflecting the operating result for the 2008–2009 financial year of $547 and an injection of equity by the State Government for the additions to net asset base of $0.389 million; and • there were no abnormal or extraordinary items to report.
The VCGR is not aware of any events that adversely affected the achievement of operational objectives of the VCGR for the year. There were no other events subsequent to balance date that would have a significant effect on the operations of the VCGR.
2008–2009 Capital Expenditure Depreciation expense, which funds VCGR capital expenditure, was $0.619 million for 2008–2009 as compared to $0.642 million for 2007–2008. Total capital expenditure for the 2008–2009 year was $1.008 million as compared to $0.600 million in 2007–2008.
56 Comparative Financial Results The table below summarises information on the financial results and financial position of the VCGR, prepared on an accrual basis, for the financial year 2008–2009 and comparisons with the preceding four financial years.
Notes 2008–2009 2007–2008 2006–2007 2005–2006 2004–2005 $ $ $ $ $
Income Grant revenue (a) 22,462,200 18,572,300 19,634,100 17,510,000 16,257,766
Total income 22,462,200 18,572,300 19,634,100 17,510,000 16,257,766
Expenses (b) 22,348,354 18,359,868 19,530,384 17,296,998 16,158,726
Other economic flows (c) 113,299 119,162 0 0 0
Net result 547 93,270 103,716 213,002 99,040
Total assets (d) 7,557,480 6,437,753 6,957,058 5,759,563 5,253,007
Total liabilities (e) 6,029,104 5,298,877 5,911,452 4,817,673 4,524,120
Net increase/(decrease) in cash held (f) 32,522 (47,054) 52,692 4,829 (8,927)
Capital expenditure (g) 1,008,291 599,968 646,114 601,526 556,458
Notes: Movements between 2007–2008 and 2008–2009 (a) Income received increased by $3.889 million (20.9 per cent), reflecting the introduction of supplementation funding for the activities of the Gambling Licences Review Project. (b) Expenses have increased by $3.988 million (21.7 per cent). This largely reflects the commencement of the activities of the Gambling Licences Review Project. (c) Total other economic flows decreased by $0.005 million (4.9 per cent). This mainly reflects a reduction in losses on disposal of assets and is offset by increases in losses arising from revaluation of long service liability due to movements in bond rates. (d) Total assets increased by $1.120 million (17.3 per cent). This mainly reflects an upward movement in amounts receivable from the Department of Justice associated with the commencement of the activities of the Gambling Licences Review Project. (e) Total liabilities increased by $0.730 million (13.7 per cent) largely reflecting increased payables associated with the commencement of the activities of the Gambling Licences Review Project. (f) The net movement in the cash position was an increase of $0.076 million (169.1 per cent). This reflects the timing of cash reimbursements from the Consolidated Fund relating to operating and capital expenses at and around balance date. (g) Capital expenditure increased by $0.408 million (68 per cent).
57 Summary of Financial Results continued
Transactions on behalf of Government – Comparative Financial Results The table below summarises information on the amounts collected/receivable and amounts paid/payable by the VCGR in relation to gambling activities on behalf of Government, prepared on an accrual basis, for the financial year 2008–2009 and comparisons with the preceding four financial years.
Notes 2008–2009 2007–2008 2006–2007 2005–2006 2004–2005 $’000 $’000 $’000 $’000 $’000
Income Total amount collected/ receivable (a) 1,700,592 1,648,703 1,561,535 1,512,059 1,419,086
Expenses Total amount paid/payable (b) 43,118 46,214 44,953 44,394 41,130
Notes: Movements between 2007–2008 and 2008–2009 (a) Income collected/receivable on behalf of Government increased by $51.889 million (3.1 per cent), reflecting increased income from Gaming Taxation. (b) Expenses paid/payable on behalf of Government to other jurisdictions (for their share of Lottery Taxes) have decreased by $3.096 million (6.6 per cent).
58 Part 3
Financial Statements 2008–2009
59 Comprehensive Operating Statement For the financial year ended 30 June 2009
Notes 2009 2008 $ $ Continuing operations Income from transactions Grant revenue 2, 3 22,462,200 18,572,300 Total income from transactions 22,462,200 18,572,300
Expenses from transactions Employee benefits expense 4 (a) (13,952,452) (12,500,039) Depreciation and amortisation expense 4 (b) (619,337) (641,609) Supplies and services 4 (c) (7,765,565) (5,218,220) Total expenses from transactions (22,348,354) (18,359,868) Net result from transactions (net operating balance) 113,846 212,432 Other economic flows included in net result Net gain/(loss) on non-financial assets(a) 5(a) (58,219) (117,230) Other gains/(losses)from other economic flows 5(b) (55,080) (1,932) Net result from continuing operations 547 93,270 Net result 547 93,270 Comprehensive result 547 93,270
The above operating statement should be read in conjunction with the accompanying notes included on pages 64–92.
Notes: (a) Net gain/(loss) on non-financial assets include unrealised and realised gains/(loss) from revaluations, impairments, and disposals of all physical assets and intangible assets, except where these are taken through the asset revaluation reserve.
60 Balance Sheet As at 30 June 2009
Notes 2009 2008 $ $ Assets Financial assets Cash and cash equivalents 16, 17 437,757 405,235 Receivables 6, 16 3,924,032 3,201,680 Total financial assets 4,361,789 3,606,915
Non-financial assets Plant and equipment 7 2,300,483 2,189,194 Intangible assets 8 693,633 474,187 Other assets 9 201,575 167,457 Total non-financial assets 3,195,691 2,830,838 Total assets 7,557,480 6,437,753
Liabilities Payables 10, 16 1,311,166 965,860 Provisions 11 4,717,938 4,333,017 Total liabilities 6,029,104 5,298,877
Net assets 1,528,376 1,138,876
Equity Accumulated surplus/(deficit) (3,478,087) (3,478,634) Contributed capital 5,006,463 4,617,510 Total equity 1,528,376 1,138,876
Commitments for expenditure 14 - - Contingent assets and contingent liabilities 15 - -
The above balance sheet should be read in conjunction with the accompanying notes included on pages 64–92.
61 Statement of Changes in Equity For the financial year ended 30 June 2009
Equity at Total Transactions Equity at 1 July 2008 Comprehensive with owners 30 June 2009 result in their capacity as owners $ $ $ $
Accumulated surplus/(deficit) (3,478,634) 547 0 (3,478,087) Adjustment due to change in accounting policy 0 0 0 0 (3,478,634) 547 0 (3,478,087) Contributions by owners 4,617,510 0 0 4,617,510 Capital contributions 0 0 388,953 388,953 4,617,510 0 388,953 5,006,463 Total equity at end of financial year 1,138,876 547 388,953 1,528,376
Equity at Total Transactions Equity at 1 July 2007 Comprehensive with owners 30 June 2008 result in their capacity as owners $ $ $ $
Accumulated surplus/(deficit) (3,571,904) 93,270 0 (3,478,634) Adjustment due to change in accounting policy 0 0 0 0 (3,571,904) 93,270 0 (3,478,634) Contributions by owners 4,617,510 0 0 4,617,510 Capital contributions 0 0 0 0 4,617,510 0 0 4,617,510 Total equity at end of financial year 1,045,606 93,270 0 1,138,876
The above statement of changes in equity should be read in conjunction with the accompanying notes included on pages 64–92.
62 Cash Flow Statement For the financial year ended 30 June 2009
Notes 2009 2008 $ $ Cash flows from operating activities Receipts Receipts from Government 21,739,848 18,749,509 Goods and Services Tax recovered from the ATO 785,057 730,914 Payments Payments to suppliers and employees (21,827,254) (18,933,218) Goods and Services Tax paid to the ATO (45,791) (18,913) Net cash flows from/(used in) operating activities 17(b) 651,860 528,292
Cash flows from investing activities Payment for non-financial assets (1,008,291) (575,346) Net cash flows from/(used in) investing activities (1,008,291) (575,346)
Cash flows from financing activities Owner contributions by State Government 388,953 0 Net cash flows from/(used in) financing activities 388,953 0
Net increase / (decrease) in cash held 32,522 (47,054) Cash and cash equivalents at the beginning of the financial year 405,235 452,289 Cash and cash equivalents at the end of the financial year 17(a) 437,757 405,235
The above cash flow statement should be read in conjunction with the accompanying notes included on pages 64–92.
63 Notes to the Financial Statements For the financial year ended 30 June 2009
Contents Note
1 Summary of Significant Accounting Policies 2 VCGR Outputs 3 Income From Transactions 4 Expenses From Transactions 5 Other Economic Flows Included In Net Result 6 Receivables 7 Plant and Equipment 8 Intangible Assets 9 Other Assets 10 Payables 11 Provisions 12 Superannuation 13 Leases 14 Commitments for Expenditure 15 Contingent Assets and Contingent Liabilities 16 Financial Instruments 17 Cash Flow Information 18 Summary of Compliance with Grant Funding 19 Ex-gratia Payments 20 Transactions on Behalf of Government 21 Responsible Persons 22 Remuneration of Executives 23 Remuneration of Auditors 24 Related Party Transactions 25 Subsequent Events 26 Glossary of Terms
64 Note 1 Summary of Significant Accounting Policies
(a) Statement of compliance
The financial report is a general purpose financial report which has been prepared on an accrual basis in accordance with the Financial Management Act 1994, and applicable Australian Accounting Standards and Interpretations (‘AASs’). AASs include Australian equivalents to International Reporting Standards. The financial report also complies with relevant Financial Reporting Directions (‘FRDs’) issued by the Department of Treasury and Finance, and relevant Standing Directions (‘SD’) authorised by the Minister for Finance.
(b) Basis of preparation
The financial report has been prepared on a historical cost basis. Cost is based on the fair values of the consideration given in exchange for assets.
In the application of AAS’s, management is required to make judgments, estimates and assumptions about carrying values of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and various other factors that are believed to be reasonable under the circumstance, the results of which form the basis of making the judgments. Actual results may differ from these estimates.
The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised if the revision affects only that period or in the period of the revision, and future periods if the revision affects both current and future periods.
Accounting policies are selected and applied in a manner which ensures that the resulting financial information satisfies the concepts of relevance and reliability, thereby ensuring that the substance of the underlying transactions or other events is reported.
The accounting policies set out below have been applied in preparing the financial statements for the year ended 30 June 2009 and the comparative information presented in these financial statements for the year ended 30 June 2008.
(c) Scope and presentation of financial statements Early adoption of AASB 101 (September 2007) As a result of a state-wide policy to improve consistency in public sector reporting, the VCGR has revised the presentation of its complete set of financial statements to align with the AASB 1049 presentation format, used in the Financial Report for the State and the general government sector. In addition, the VCGR has also early-adopted the September 2007 version of AASB 101.
In keeping with AASB 101 (September 2007) this complete set of financial statements includes the following changes:
(a) the notion of:
• ‘a complete set of financial statements’ rather than using ‘financial report’; • ‘changes in equity’ rather than ‘movements in equity’; and • ‘transactions with owners in their capacity as owners’ rather than ‘transactions with owners as owners’; (b) references to equity holders as owner.
Some of the changes applied to the financial statements and notes as a result of alignment to AASB 1049 that are allowable under the AASB 101 (September 2007) include the following:
• an extended operating statement incorporating non-owner changes in equity, which is now referred to as comprehensive operating statement; • items being presented by liquidity order in the balance sheet; • the inclusion of a limited number of Government Finance Statistics (‘GFS’) classifications, such as income or expenses from transactions, and other economic flows; and • a glossary of terms included in the notes explaining certain terms, including GFS terms adopted.
Comprehensive operating statement The comprehensive operating statement includes items previously included in the statement of changes in equity.
Income and expenses in the comprehensive operating statement are separated into either ‘transactions’ or ‘other economic flows’.
65 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 1 Summary of Significant Accounting Policies (continued)
(c) Scope and presentation of financial statements (continued) Balance sheet Items of assets and liabilities in the balance sheet are:
• ranked in liquidity order; • aggregated into financial and non financial assets; • classified according to GFS terminology, but retain measurement and disclosure rules under existing accounting standards applicable to the VCGR; and • current versus non-current assets and liabilities are disclosed in the notes where relevant.
Statement of changes in equity The statement of changes in equity presents reconciliations of each non-owner and owner equity opening balance at the beginning of the year to the closing balance at the end of the year, showing separately movements due to amounts recognised in the comprehensive result and amounts recognised in equity related to transactions with owners in their capacity as owners.
Cash flow statement The cash flow statement classifies flows by operating, investing and financing activities in accordance with AASB 107 Cash Flow Statements. There were no significant changes due to alignment of the VCGR’s financial statements presentation formats to AASB 1049.
(d) Reporting entity The financial report includes all the controlled activities of the Victorian Commission for Gambling Regulation (‘VCGR’) which was established on 1 July 2004 pursuant to section 10.1.1 of the Gambling Regulation Act 2003.
Amounts collected/received on behalf of Government The VCGR collects revenue amounts on behalf of the Government which are paid directly into the Consolidated Fund. The VCGR does not gain control over these resources and accordingly they are not recognised as income in the Comprehensive Operating Statement. The VCGR is accountable for the transactions involving these resources, but does not have the discretion to deploy the resources for achievement of its own objectives. Transactions and balances relating to these resources (except as otherwise disclosed), are accounted for on the same basis and using the same accounting policies as for VCGR items. Specific financial disclosures related to these transactions can be found in note 20.
Objectives and funding The VCGR’s objectives are prescribed in section 10.1.3 of the Gambling Regulation Act 2003. It regulates gambling in Victoria to ensure the integrity and probity of the gambling industry. The VCGR receives grant funding from the Department of Justice to be applied for the purposes of delivering outputs associated with the regulation of gambling.
(e) Events after balance date Assets, liabilities, income or expenses arise from past transactions or other past events. Where the transactions result from an agreement between the VCGR and other parties, the transactions are only recognised when the agreement is irrevocable at or before balance date. Adjustments are made to amounts recognised in the financial statements for events which occur after the reporting date and before the date the statements are authorised for issue, where those events provide information about conditions which existed at the reporting date. Note disclosure is made about events between the balance date and the date the statements are authorised for issue where the events relate to condition which arose after the reporting date and which may have a material impact on the results of subsequent years.
66 (f) Goods and Services Tax (‘GST’)
Income, expenses and assets are recognised net of the amount of associated goods and services tax (‘GST’), except: • where the amount of GST incurred is not recoverable from the taxation authority, it is recognised as part of the cost of acquisition of an asset or as part of an item of expense; or • for receivables and payables which are recognised inclusive of GST. The net amount of GST recoverable from, or payable to, the taxation authority is included as part of receivables or payables. Cash flows are presented on a gross basis. The GST component of cash flows arising from investing and financing activities which is recoverable from, or payable to, the taxation authority is classified as operating cash flows.
(g) Income from transactions
Annual grant revenue received for the production of outputs is recognised when those VCGR outputs have been deemed by the Department of Justice to have been delivered in accordance with specified performance targets. The Department of Justice has central budget management arrangements whereby portfolio entities can only recognise output revenue consistent with global departmental appropriation and certification. Accordingly, the Department of Justice withdraws from output revenue the difference between final capital expenditure and depreciation expense funding, and the difference between depreciation expense and capital expenditure. The VCGR collects gambling taxes, fees and fines on behalf of the Government which are paid directly into the Consolidated Fund. The VCGR does not gain control over these taxes, fees or fines, and accordingly they are not recognised as income in the Comprehensive Operating Statement (see note 20).
(h) Expenses from transactions
Employee benefits Employee benefits expenses include all costs related to employment including wages and salaries, leave entitlements, redundancy payments and superannuation contributions. These are recognised when incurred, except for contributions in respect of defined benefit plans.
Superannuation – defined benefit plans Contributions to superannuation plans are expensed when incurred. The amount charged to the Comprehensive Operating Statement in respect of superannuation represents the contributions made by the VCGR to the superannuation plan in respect to the current services of current VCGR staff. Superannuation contributions are made to the plans based on the relevant rules of each plan.
The VCGR does not recognise any defined benefit liability in respect of the superannuation plan because the VCGR has no legal or constructive obligation to pay future benefits relating to its employees; its only obligation is to pay superannuation contributions as they fall due. The Department of Treasury and Finance administers and discloses the State’s defined benefit liabilities in its financial report.
Depreciation and amortisation Depreciation is provided on plant and equipment. Depreciation is calculated on a straight-line basis so as to write off the net cost of each asset over its expected useful life to its estimated residual value. The estimated useful lives, residual values and depreciation method are reviewed at the end of each annual reporting period. Intangible assets with finite useful lives are amortised on a straight-line basis over the asset’s useful life. Amortisation begins when the asset is available for use, that is, when it is in the location and condition necessary for it to be capable of operating in the manner intended by management. The estimated useful lives, residual values and amortisation method are reviewed at the end of each annual reporting period. In addition, an assessment is made at each reporting date to determine whether there are indicators that the intangible asset concerned is impaired. If so, the assets concerned are tested as to whether their carrying value exceeds their recoverable amount.
Supplies and services Supplies and services generally represent the day to day running costs incurred in the normal operations of the entity. These items are recognised as an expense in the reporting period they are incurred.
67 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 1 Summary of Significant Accounting Policies (continued)
(i) Other economic flows included in net result
Other economic flows measure the change in volume or value of assets or liabilities that do not result from transactions.
Net gain/(loss) on non-financial assets Net gain/(loss) on non-financial assets and liabilities includes realised and unrealised gains and losses from revaluations, impairments, and disposals of all physical assets and intangible assets. Disposal of non-financial assets Any gain or loss on the sale of non-financial assets is recognised at the date that control of the asset is passed to the buyer and is determined after deducting from the proceeds the carrying value of the asset at that time.
Impairment of non-financial assets All assets are assessed annually for indications of impairment. If there is an indication of impairment, the assets concerned are tested as to whether their carrying value exceeds their possible recoverable amount. Where an asset’s carrying value exceeds its recoverable amount, the difference is written-off as an other economic flow. It is deemed that, in the event of the loss of an asset, the future economic benefits arising from the use of the asset will be replaced unless a specific decision to the contrary has been made. The recoverable amount for most assets is measured at the higher of depreciated or amortised replacement cost and fair value less costs to sell.
Other gains/losses) from economic flows Other gains/(losses) from other economic flows include the gains or losses from reclassifications of amounts from reserves and/or accumulated surplus to net result, and from the revaluation of the present value of the long service leave liability due to changes in the bond interest rates.
(j) Financial assets Cash and cash equivalents Cash and cash equivalents comprise cash on hand and cash at bank.
Receivables The amounts recognised from the Department of Justice represent funding for all commitments incurred against the appropriation and are drawn down from the Consolidated Fund as the commitments fall due. Receivables due from the Department of Justice may also include contributions by owners as per note 1(o). In addition, receivables also include GST input tax credits recoverable. Receivables are recognised at fair value.
(k) Non-financial assets Plant and equipment Non-current physical assets held by the VCGR are those used in the day to day operations and are primarily plant and equipment. These assets are measured initially at cost and subsequently revalued at fair value less accumulated depreciation and accumulated impairment.
Intangible assets Intangible assets represent identifiable non-monetary assets without physical substance. Intangible assets are recognised at cost less accumulated amortisation and accumulated impairment losses. Costs incurred subsequent to initial acquisition are capitalised when it is expected that additional future economic benefits will flow to the VCGR.
68 (l) Liabilities Payables Payables consist predominantly of creditors and other sundry liabilities and are recognised at fair value. Payables represent liabilities for goods and services provided to the VCGR prior to the end of a financial year that are unpaid, and arise when the VCGR becomes obliged to make future payments in respect of the purchase of these goods and services. Fair value is as described in note 16.
Provisions Provisions are recognised when the VCGR has a present obligation, the future sacrifice of economic benefits is probable, and the amount of the provision can be measured reliably. The amount recognised as a provision is the best estimate of the consideration required to settle the present obligation at reporting date, taking into account the risks and uncertainties surrounding the obligation. Where a provision is measured using the cashflows estimated to settle the present obligation, its carrying amount is the present value of those cash flows.
Employee benefits (i) Wages and salaries and annual leave Liabilities for wages and salaries, including non-monetary benefits and annual leave expected to be settled within 12 months of the reporting date are recognised in the provision for employee benefits in respect of employee services up to the reporting date, classified as current liabilities and measured at their nominal values. Those liabilities which are not expected to be settled within 12 months are recognised in the provision for employee benefits as current liabilities measured at present value of the amounts expected to be paid when the liabilities are settled using the remuneration rate expected to apply at the time of settlement.
(ii) Long service leave Liability for long service leave (‘LSL’) is recognised in the provision for employee benefits:
• Current liability – unconditional LSL is disclosed as a current liability even where the VCGR does not expect to settle the liability within 12 months because it will not have the unconditional right to defer the settlement of the entitlement should an employee take leave within 12 months. The components of this current LSL liability are measured at: – Present value – component that the VCGR does not expect to settle within 12 months; and – Nominal value – component that the VCGR expects to settle within 12 months. • Non-current liability – conditional LSL is disclosed as a non-current liability. There is an unconditional right to defer the settlement of the entitlement until the employee has completed the requisite years of service. This non-current liability is measured at present value.
(iii) Employee benefits on-costs Employee benefits on-costs (payroll tax, workers’ compensation, superannuation, annual leave and LSL accrued while on LSL taken in service) are recognised separately from the provision for employee benefits.
(m) Commitments
Commitments include those operating, capital and other outsourcing commitments arising from non-cancellable contractual or statutory sources and are disclosed at the nominal value inclusive of the GST payable.
(n) Contingent assets and liabilities
Contingent assets and contingent liabilities are not recognised in the balance sheet but are disclosed by way of note and, if quantifiable, measured at their nominal value inclusive of GST receivable or payable respectively.
69 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 1 Summary of Significant Accounting Policies (continued)
(o) Equity Contributions by owners Additions to net assets which have been designated as contributions by owners are recognised as contributed capital. Other transfers that are in the nature of contributions or distributions have also been designated as contributions by owners.
(p) Functional and presentation currency The functional currency of the VCGR is the Australian dollar, which has also been identified as the presentation currency of this entity.
(q) Rounding of amounts Amounts in the financial report have been rounded to the nearest dollar, or in the case of amounts collected/receivable on behalf of Government and amounts paid/payable to other jurisdictions (see note 20), to the nearest thousand dollars.
(r) New accounting standards and interpretations Certain new accounting standards and interpretations have been published that are not mandatory for the 30 June 2009 reporting period. The Department of Treasury and Finance assesses the impact of these new standards and advises departments and other entities of their applicability and early adoption where applicable. As advised in Note 1(c) the VCGR has early adopted the September 2007 version of AASB 101. As at 30 June 2009, the following standards and interpretations judged by management to be applicable to the VCGR had been issued but were not mandatory for the financial year ending 30 June 2009. The VCGR has not, and does not intend to, adopt these standards early.
AASB 2007-3 Amendments to Australian An accompanying Beginning Impact expected to be Accounting Standards arising from AASB 8 [AASB amending standard, also 1 Jan 2009 insignificant. 5, AASB 6, AASB 102, AASB 107, AASB 119, introduced consequential AASB 127, AASB 134, AASB 136, AASB 1023 and amendments into other AASB 1038]. Standards. AASB 2007-10 Further amendments to Australian This Amending Standard Beginning Impact is insignificant. Accounting Standards arising from AASB 101 changes the term 'general 1 Jan 2009 purpose financial report' to 'general purpose financial statements' and the term 'financial report' to 'financial statements'. AASB 2008-5 Amendments to Australian Some amendments result Beginning Impact is being evaluated. Accounting Standards arising from the Annual in accounting changes for 1 Jan 2009 Improvements Project [AASBs 5, 7, 101, 102, 107, presentation, recognition 108, 110, 116, 118, 119, 120, 123, 127, 128, 129, and measurement 131, 132, 134, 136, 138, 139, 140, 141 1023 & purposes, while some 1038] other amendments that relate to terminology and editorial changes are expected to have no or minimal effect on VCGR's accounting. AASB 2008-09 Amendments to AASB 1049 for Amendments to AASB Beginning Not applicable to public sector Consistency with AASB 101 1049 for consistency with 1 Jan 2009 entities except for certain AASB 101 (September presentation formats. 2007) version.
70 AASB 2009-2 Amendments to Australian These amendments Operative Impact is being evaluated. Accounting Standards – Improving Disclosures arise from the for periods about Financial Instruments [AASB 4, AASB 7, issuance of Improving beginning on AASB 1023 & AASB 1038] Disclosures about or after 1 Jan Financial Instruments 2009 that end (Amendments to IFRS on or after 7) by the IASB in march 30 Apr 2009 2009. The amendments require enhanced disclosures about fair value measurements and liquidity risk. AASB 2009-6 Amendments to Australian This standard makes Operative Impact is expected to be Accounting Standards numerous editorial for periods insignificant. amendments as a beginning on consequence of the or after 1 Jan issuance in September 2009 that end 2007 of a revised AASB on or after 101. For example, the 30 Jun 2009 term 'revaluation reserve' is changed to 'revaluation surplus'. AASB 2008-3 Amendments to Australian This Standard gives Beginning Impacts being evaluated. Accounting Standards arising from AASB 3 & effect to consequential 1 Jul 2009 AASB127 [AASB 1, 2, 4, 5, 7, 101, 107, 112, 114, editorial changes to other 116, 121, 128, 131, 132, 133, 134, 136, 137, 138, & Australian Accounting 139 and Interpretations 9 & 107] Standards arising from revised AASB 3 and amended AASB 127. AASB 2008-13 Amendments to Australian Some of the amendments Beginning Impact is being evaluated. Accounting Standards arising from AASB are in respect of the 1 Jul 2009 Interpretation 17 – Distributions of Non-cash classification, presentation Assets to Owners [AASB 5 & AASB 110] and measurement of non- current assets held for distribution to owners in their capacity as owners. AASB 2009-4 Amendments to Australian Various consequential Beginning Impact is expected to be Accounting Standards arising from the Annual amendments to existing 1 Jul 2009 insignificant. Improvements Project [AASB 2 and AASB 138 and standards as a result AASB Interpretations 9 & 16] of IASB's Annual Improvement's Project. AASB 2009-5 Further Amendments to Australian Some amendments will Beginning Impact is being evaluated. Accounting Standards arising from the Annual result in accounting 1 Jan 2009 Improvements Project [AASB 5, 8, 101, 107, 117, changes to presentation, 118, 136 & 139] recognition or measurement purposes, while other amendments will relate to terminology and editorial changes.
71 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 1 Summary of Significant Accounting Policies (continued)
(s) Prospective accounting changes Service concessions In December 2007, the Australian Accounting Standards Board (‘AASB’) decided that: (a) the requirements of Interpretation 12 are not obligatory for public sector grantors; however (b) grantors are required to consider Interpretation 12 when developing their accounting policy under the hierarchy for selecting accounting policies set out in AASB 108 Accounting Policies, Changes in Accounting Estimates and Errors. The AASB did not decide on a preferred accounting policy for grantors, as the International Public Sector Accounting Standards Board (‘IPSASB’) currently has a project looking at accounting for service concessions from an international public sector perspective. The IPSASB intends to issue an Exposure Draft in December 2009, and a new IPSASB standard is expected during 2010. Any Australian public sector standard is therefore unlikely before 2010-2011. As a result of the above, and the continuing uncertainty and lack of applicable accounting guidance on the recognition and measurement by the State of assets arising from some service concession arrangements, there has been no change in policy and those assets are currently not recognised.
Borrowing costs In May 2007, the AASB agreed on amendments to AASB 123 Borrowing Costs in respect of both for profit entities and not-for- profit entities for application to annual reporting periods beginning on or after 1 January 2009. These amendments removed the option of recognising borrowing costs immediately as an expense, to the extent that they are directly attributable to the acquisition, construction or production of a qualifying asset. In 2008, the IPSASB considered whether to withdraw the expensing option and proposed in Exposure Draft 35 Borrowing Costs, retention of the expense option. In February 2009, the AASB decided to extend the option to expense borrowing cost attributable to qualifying assets for another two years while AASB continues to observe developments from IPSASB. This extension is applicable to not-for-profit public sector entities only. Pending resolution of this matter, the State is continuing with its existing policy of expensing borrowing costs in the period in which they are incurred.
72 Note 2 VCGR Outputs
The VCGR activities form part of the Department of Justice Gaming and Racing Management and Regulation output. The focus of this output is policy development, regulation, research and community education and the delivery of problem gambling services to achieve responsible, safe and sustainable gambling and racing environments.
The outputs delivered by the VCGR are comprised of Regulatory Services consisting of licensing and compliance activities. The activities undertaken to deliver this output are geared towards achieving “the best community outcomes from gambling activities for all Victorians”. Performance targets include quantity, quality and timeliness measures.
The Licensing sub-group incorporates all activities undertaken to ensure that all licences, permits and authorisations are issued within the necessary legislative framework. This includes assessments for probity, social and economic impact assessments, game fairness and responsible gambling.
The Compliance Services sub-group covers the on-going monitoring of participants, products, equipment and systems, investigation of complaints and possible breaches of legislation and revenue verification.
Note 3 Income from transactions
2009 2008 $ $ Revenue from Government Grant revenue 22,462,200 18,572,300 Total revenue from Government 22,462,200 18,572,300
The VCGR’s income is by way of Grant funding from the Department of Justice’s appropriations for the production of VCGR outputs and which are deemed to have been delivered by the Department of Justice.
73 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 4 Expenses from transactions
2009 2008 $ $ (a) Employee benefits Salaries and wages 10,684,903 9,585,830 Annual leave 1,151,585 946,294 Long service leave 418,263 435,257 Superannuation 1,049,161 938,074 Other on-costs (payroll tax, workcover levy and fringe benefits tax) 648,540 594,584 Total employee benefits 13,952,452 12,500,039
(b) Depreciation and amortisation expense Depreciation of non-current assets Electronic Data Processing (EDP) Hardware 243,425 253,906 Office fitout 92,089 91,135 Other assets 58,513 54,713 Amortisation of non-current assets Internal-use software 225,310 241,855 Total depreciation and amortisation 619,337 641,609
(c) Supplies and services Probity and credit check payments 299,242 87,568 IT Licence and maintenance 457,220 256,106 Consultants 0 82,590 Professional services 2,848,884 1,823,506 Telephone and other communication expenses 242,782 144,870 Occupancy costs 1,741,755 1,226,379 Postage and advertising 211,965 186,308 Printing, stationery and office requisites 949,065 441,772 Travel and related expenses 273,124 307,581 Training and development 261,643 136,481 Motor vehicle running costs 313,467 319,132 Other 177,418 205,927 Total supplies and services 7,776,565 5,218,220
74 Note 5 Other economic flows included in net result
2009 2008 $ $ (a) Net gain/(loss) from non-financial assets Impairment of non-financial assets (a) (4,925) (4,330) Net gain/(loss) on disposal of physical assets (53,294) (112,900) Total net gain/(loss) from non-financial assets (58,219) (117,230)
(b) Other gains/(losses) from other economic flows Net gain/(loss) arising from revaluation of long service leave liability (b) (55,080) (1,932) Total other gains/(losses) from other economic flows (55,080) (1,932)
Notes: (a) Includes plant and equipment and intangibles. (b) Revaluation gain/(loss) due to changes in bond rates.
Note 6 Receivables
2009 2008 $ $ Current receivables Contractual Other receivables 239,587 35,818 239,587 35,818 Statutory Amounts owing from the Department of Justice (a) 2,142,987 2,084,261 Other receivables GST 62,205 26,219 2,205,192 2,110,480 Total current receivables 2,444,779 2,146,298
Non-current receivables Statutory Amounts owing from the Department of Justice (a) 1,479,253 1,055,382 Total non-current receivables 1,479,253 1,055,382
Total Receivables 3,924,032 3,201,680
Notes: (a) The amounts recognised from the Department of Justice represent funding for all commitments incurred for the appropriation and are drawn down from the Consolidated Fund as the commitments fall due.
75
Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 7 Plant and Equipment
All assets of the VCGR are measured at cost. Reconciliations of the carrying amounts of each class of plant and equipment at the beginning and end of the current financial year are set out in the following table:
Table 7.1: Classification by ‘Purpose Group’ (a) Carrying amount:
Public safety and environment 2009 2008 $ $ Plant and equipment EDP Hardware At Fair value 2,214,934 2,096,553 Less: Accumulated depreciation (1,651,061) (1,636,695) 563,873 459,858 Office Fit-out At Fair value 1,863,324 1,825,687 Less: Accumulated depreciation (633,293) (541,204) 1,230,031 1,284,483 Other Assets At Fair value 728,596 708,130 Less: Accumulated depreciation (222,017) (263,277) 506,579 444,853 Total Plant and Equipment At Fair value 4,806,854 4,630,370 Less: Accumulated depreciation (2,506,371) (2,441,176) 2,300,483 2,189,194
Notes: (a) Plant and equipment are classified primarily by the ‘purpose’ for which the assets are used according to one of six ‘Purpose Groups’ based upon Government Purpose Classifications (‘GPC’). Management has determined that, of the six, the Purpose Group most applicable to VCGR’s activities is ‘Public Safety and Environment’.
Table 7.2: Classification by Purpose Group ‘Public safety and Environment’– Movements in Carrying amount:
EDP Hardware Office Fitout Other Assets Total 2009 2008 2009 2008 2009 2008 2009 2008 $ $ $ $ $ $ $ $ Opening balance 459,858 533,404 1,284,483 1,372,353 444,853 436,198 2,189,194 2,341,955 Additions 350,413 180,574 37,637 3,265 175,485 180,384 563,535 364,223 Disposals (2,973) (214) 0 0 (55,246) (117,016) (58,219) (117,230) Depreciation expense (243,425) (253,906) (92,089) (91,135) (58,513) (54,713) (394,027) (399,754) Closing balance 563,873 458,858 1,230,031 1,284,483 506,679 444,853 2,300,483 2,189,194
76 Note 7 Plant and Equipment (continued)
Depreciation by asset class The following useful lives of assets are used in the calculation of depreciation: Office fit-out 20 years; Office furniture & equipment 8–10 years; Gaming equipment 6–7 years; EDP hardware 4 years; Motor vehicles 3 years.
Table 7.3: Aggregate depreciation recognised as an expense during the year:
2009 2008 $ $ Depreciation of non-current assets Electronic data Processing (EDP) Hardware 243,425 253,906 Office fit-out 92,089 91,135 Other assets 58,513 54,713 Amortisation of non-current assets Internal-use software 225,310 241,855 Total depreciation and amortisation 619,337 641,609
Note 8 Intangible Assets The VCGR has capitalised internal use software expenditure related to development of information technology systems. Costs associated with the acquisition or development of computer software which is greater than $10,000 are capitalised and amounts below this threshold are expensed in the period in which they are incurred. Amortisation is calculated on a straight-line basis over the period of the expected benefit which has been determined by management as being eight years.
2009 2008 $ $ Gross carrying amount Opening balance 3,992,916 3,757,172 Additions from internal development 444,756 235,744 Closing balance 4,437,672 3,992,916 Accumulated amortisation Opening balance (3,518,729) (3,726,874) Amortisation expense (225,310) (241,855) Closing balance (3,744,039) (3,518,729) Net book value at end of the financial year 693,633 474,187
77 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 9 Other assets
2009 2008 $ $ Current other assets Prepayments 201,575 167,457 Total current other assets 201,575 167,457
Total other assets 201,575 167,457
Note 10 Payables
2009 2008 $ $ Current Contractual Creditors 23,525 15,779 Accrued wages and salaries 433,884 547,726 Accrued expenses 853,757 402,355 Total current payables 1,311,166 965,860
Total Payables 1,311,166 965,860
Notes: (a) Maturity analysis of payables. Please refer to section (c) in note 16 for the ageing analysis of payables. (b) Nature and extent of risk arising from payables. Please refer to note 16 for the nature and extent of risk arising from payables.
78 Note 11 Provisions
2009 2008 $ $ Current provisions Employee benefits (a) Unconditional and expected to be settled within 12 months (b) 532,197 594,597 Unconditional and expected to be settled beyond 12 months (c) 3,328,060 2,947,713 Provisions relating to employee benefit on-costs Unconditional and expected to be settled within 12 months (b) 90,038 104,861 Unconditional and expected to be settled beyond 12 months (c) 580,960 534,081 Total current provisions 4,531,255 4,181,252
Non-current provisions Employee benefits (a) Conditional long service leave entitlements (c) 161,644 131,292 Provisions relating to employee benefit on-costs (c) 25,039 20,473 Total non-current provisions 186,683 151,765
Total provisions 4,717,938 4,333,017
(a) Employee benefits and related on-costs (a)
Current employee benefits Annual leave entitlements 999,665 821,699 Unconditional long service leave entitlements 2,860,592 2,720,611 Non-current employee benefits Conditional long service leave entitlements 161,644 131,292 Total employee benefits 4,021,901 3,673,602 Current on-costs 670,998 638,942 Non-current on-costs 25,039 20,473 Total on-costs 696,037 659,415 Total employee benefits and related on-costs 4,717,938 4,333,017
Notes: (a) Provisions for employee benefits consist of amounts for annual leave and long service leave accrued by employees, not including on-costs. (b) The amounts disclosed are nominal amounts. (c) The amounts disclosed are discounted to present values.
79 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 11 Provisions (continued)
(b) Movement in provisions
On-costs 2009 $ Opening balance 659,415 Additional provisions recognised 210,506 Reductions arising from payments/other sacrifices of future economic benefits (173,884) Other 0 Closing balance 696,037 Current 670,998 Non-current 25,039 696,037
Note 12 Superannuation
Employees of the VCGR are entitled to receive superannuation benefits and the VCGR contributes to both defined benefit and defined contribution plans. The defined benefit plan(s) provides benefits based on years of service and final average salary.
The VCGR does not recognise any defined benefit liability in respect of the plan(s) because the entity has no legal or constructive obligation to pay future benefits relating to its employees; its only obligation is to pay superannuation contributions as they fall due. The Department of Treasury and Finance recognises and discloses the State’s total defined benefit liabilities in its financial report. However, superannuation contributions paid or payable for the reporting period are included as part of employee benefits in the Comprehensive Operating Statement of the VCGR.
The name and details of the major employee superannuation funds and contributions made by the VCGR are as follows:
Paid contribution Contribution for the year outstanding at year end 2009 2008 2009 2008 $ $ $ $ Defined benefit plans: Government Superannuation Scheme – revised and new 423,913 441,598 0 0 Defined contribution plans: Victorian Superannuation Scheme 452,025 334,067 0 0 Various other 173,223 162,409 0 0 Total 1,049,161 938,074 0 0
Notes: (a) The bases for contributions are determined by the various schemes. (b) The above amounts were measured as at 30 June of each year, or in the case of employer contributions they relate to the years ended 30 June.
80 Note 13 Leases
At 30 June 2009 the VCGR had no finance or operating leases (nil at 30 June 2008).
The Department of Treasury and Finance has operating lease arrangements with the service provider for the premises occupied by the VCGR. The VCGR’s obligation extends only to payment to the service provider on a monthly basis.
Note 14 Commitments for Expenditure
The following commitments have not been recognised as liabilities in the financial statements.
2009 2008 $ $ Operating expenditure commitments Plant and equipment Payable: Not longer than one year 14,775 0 Longer than one year and not longer than five years 3,967 0 Longer than five years 0 0 Total operating expenditure commitments 18,742 0
All amounts shown in the commitments note are nominal amounts inclusive of GST.
Note 15 Contingent Assets and Contingent Liabilities
At 30 June 2009 the VCGR had no contingent assets (nil at 30 June 2008) and no contingent liabilities (nil at 30 June 2008).
81 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 16 Financial Instruments
(a) Financial risk management objectives and policies Details of the significant accounting policies and methods adopted, including the criteria for recognition, the basis of measurement and the basis on which income and expenses are recognised, in respect of each class of financial asset and financial liability are disclosed in note 1 to the financial statements.
The carrying amounts of the VCGR’s financial assets and financial liabilities by category are in table 16.1 below:
Table 16.1: Categorisation of financial instruments
Carrying amount Carrying amount 2009 2008 $ $ Financial assets Cash and cash equivalent 437,757 405,235 Receivables (a) 239,587 29,189 Financial Liabilities Payables 1,311,166 965,860
Notes: (a) The amount of receivables disclosed here exclude statutory receivables (i.e. Amounts owing from Victorian Government and GST input tax credit recoverable).
(b) Credit risk Credit risk arises from the financial assets of the VCGR, which comprise cash and cash equivalents and receivables. The VCGR’s exposure to credit risk arises from the potential default of a counter party on their contractual obligations resulting in financial loss to the VCGR. Credit risk is measured at fair value and is monitored on a regular basis. Credit risk associated with the VCGR’s financial assets is minimal because the main debtor is the Victorian Government.
The carrying amount of financial assets recorded in the financial report represents the VCGR’s maximum exposure to credit risk.
As at the reporting date, there is no event to indicate that any of the financial assets were impaired.
Ageing analysis of financial assets are detailed in the following table:
Table 16.2: Ageing analysis of financial assets
Past due but not impaired Carrying Not past Less than 1–3 3 months 1–5 Impaired amount due and not 1 month months – 1 year years financial impaired assets $ $ $ $ $ $ $ 2009 Receivables Other receivables 239,587 239,587 142,004 97,583 - - - 239,587 239,587 142,004 97,583 - - -
2008 Receivables Other receivables 29,189 29,189 29,189 - - - - 29,189 29,189 29,189 - - - -
82 Note 16 Financial Instruments (continued)
(c) Liquidity risk Liquidity risk arises when the VCGR is unable to meet its financial obligations as they fall due. The VCGR operates under the Government fair payments policy of settling financial obligations within 30 days and in the event of a dispute, make payments within 30 days from the date of resolution. The VCGR’s exposure to liquidity risk is deemed insignificant based on prior periods’ data and current assessment of risk. Maximum exposure to liquidity risk is the carrying amounts of financial liabilities in the financial statements. The following table discloses the contractual maturity analysis for the VCGR’s financial liabilities:
Table 16.3: Maturity analysis of financial liabilities
Maturity dates Carrying Nominal Less than 1–3 3 months 1–5 years amount amount 1 month months – 1 year $ $ $ $ $ $ 2009 Payables Other payables 1,311,166 1,311,166 1,311,166 - - - 1,311,166 1,311,166 1,311,166 - - - 2008 Payables Other payables 965,860 965,860 965,860 - - - 965,860 965,860 965,860 - - -
(d) Market risk The VCGR’s exposure to market risk is considered to be insignificant. The VCGR does not engage in financial trading and does not have exposure to foreign currency and other price risks. None of the classes of financial assets and liabilities are readily traded on organised markets in standardised form.
83 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 16 Financial Instruments (continued)
Table 16.4: Interest rate exposure of financial instruments
Interest rate risk exposure Weighted Carrying Fixed Variable Non- average amount interest interest interest effective rate rate bearing interest rate % $ $ $ $ 2009 Financial Assets Cash and cash equivalents N/A 437,757 - - 437,757 Receivables N/A 239,587 - - 239,587 677,344 - - 677,344 Financial Liabilities Other payables N/A 1,311,166 - - 1,311,166 1,311,166 - - 1,311,166 2008 Financial Assets Cash and cash equivalents N/A 405,235 - - 405,235 Receivables N/A 29,189 - - 29,189 434,424 - - 434,424 Financial Liabilities Other payables N/A 965,860 - - 965,860 965,860 - - 965,860
(e) Fair value The VCGR considers that the carrying amount of financial assets and financial liabilities recorded in the financial statements approximates their fair values because of the short term nature of the financial instruments and the expectation that they will be paid in full.
84 Note 17 Cash Flow Information
(a) Reconciliation of cash and cash equivalents For the purposes of the Cash Flow Statement, cash includes cash on hand and in banks. Cash at the end of the financial year as shown in the Cash Flow Statement is reconciled to the related items in the balance sheet as follows:
2009 2008 $ $ Total cash and cash equivalents disclosed in the balance sheet (a) 437,757 405,235 Balance as per Cash Flow Statement 437,757 405,235
Notes: (a) Due to the State of Victoria’s investment policy and government funding arrangements, government departments and agencies generally do not hold a large cash reserve in their bank accounts. Cash received by a department or agency from the generation of revenue is generally paid into the State’s bank account, known as the Public Account. Similarly, any departmental or agency expenditure, including those in the form of cheques drawn by a department or agency for the payment of goods and services to its suppliers and creditors are made via the Public Account. The process is such that the Public Account would remit to the department or agency the cash required for the amount drawn on the cheques. This remittance by the Public Account occurs upon the presentation of the cheques by the department or agency’s suppliers or creditors.
(b) Reconciliation of net result for the period to net cash flows from operating activities
2009 2008 $ $ Net result for the period 547 93,270 Non cash movements: Impairment of non-current assets 4,925 4,330 Loss on disposal of non-current assets 53,294 112,900 Depreciation and amortisation of non-current assets 619,337 641,609 Movements in assets and liabilities (Increase)/Decrease in current receivables (298,481) 274,080 (Increase)/Decrease in other assets (34,118) (2,675) (Increase)/Decrease in non-current receivables (423,871) 17,353 Increase/(Decrease) in current payables 345,306 (696,420) Increase/(Decrease) in current provisions 350,003 101,198 Increase/(Decrease) in non-current provisions 34,918 (17,353) Net cash flows from/(used in) operating activities 651,860 528,292
85 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 18 Summary of Compliance with Grant Funding
The following table discloses the details of the funding received by the VCGR for the year through the Department of Justice appropriations.
Grant Funding Funding Variance Funding Available Applied Advice $ $ $ $ 2009 Grant revenue – Provision for outputs 22,664,900 22,664,900 22,462,200 202,700 Capital contribution – Addition to net assets - 388,953 388,953 - Total Funding 22,664,900 23,053,853 22,851,153 202,700
2008 Grant revenue – Provision for outputs 19,022,300 19,022,300 18,572,300 450,000 Total Funding 19,022,300 19,022,300 18,572,300 450,000
The variance between Grant funding available and Grant funding applied reflects the return of revenue to the Department of Justice in respect of depreciation expense generated in excess of capital expenditure, variations between budgeted and generated depreciation, and deemed revenue associated with output delivery.
Note 19 Ex-gratia Payments
As at 30 June 2009 the VCGR had not made any ex-gratia payments (nil at 30 June 2008).
86 Note 20 Transactions on Behalf of Government
In addition to the specific VCGR operations which are included in the Comprehensive Operating Statement, Balance Sheet, Statement of Changes in Equity and Cash Flow Statement, the VCGR collects revenue amounts on behalf of Government which are paid directly into the Consolidated Fund. Revenue collected includes taxes, fees and fines and the proceeds from the sale of non- current assets. Sections 3.6.5, 4.6.7 and 5.4.2 of the Gambling Regulation Act 2003 provide for determination by the Treasurer, after consultation with the Minister for Gaming, of the supervision charges payable by Tabcorp, Tattersall’s and Intralot. This charge is determined annually and reflects the recoupment of expenses incurred in the regulation of gaming, including the processing of licences, conducting investigations and compliance audits, reviewing operator systems and procedures, testing and evaluating gambling equipment and monitoring gambling activities. This charge is also paid into the Consolidated Fund. The VCGR also makes payments from Consolidated Fund Revenue to other jurisdictions (Payments made on behalf of Government) for their share of public lottery taxes which are collected in Victoria.
2009 2008 Consolidated Fund $’000 $’000 Income – Amounts collected/receivable on behalf of Government Gaming Taxation 1,010,626 1,000,378 Licence Fees 786 757 Minor Gaming 1,298 1,305 Club Keno 1,600 1,583 Casino Taxation and Licence Fees 141,011 117,408 Racing Taxation and Licence Fees 133,503 127,331 Tattersall’s Lotteries 381,209 392,037 Intralot Lotteries 18,466 0 Tabcorp Supervision Fee 3,847 3,667 Tattersall’s Supervision Fee 4,251 3,891 Intralot Supervision Fee 457 0 Lottery Premium Payment 3,240 0 Miscellaneous 298 346 Total amount collected/receivable 1,700,592 1,648,703
Expenses – Amounts paid/payable on behalf of Government Payments made to other jurisdictions 43,118 46,214 Total amount paid/payable 43,118 46,214
Assets Taxes Receivable 70,532 50,402 Total Assets 70,532 50,402
Liabilities Prepaid income 12,859 13,307 Payables 6,549 3,637 Total Liabilities 19,408 16,944
87 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 21 Responsible Persons
In accordance with the Ministerial Directions issued by the Minister for Finance under the Financial Management Act 1994, the following disclosures are made regarding responsible persons for the reporting period. The persons who held the position of Responsible Minister, Members of the Commission and Accountable Officer in the VCGR are as follows:
Responsible Minister – Minister for Gaming:
The Hon Tony Robinson, MP 1 July 2008 to 30 June 2009 The Hon Bob Cameron, MP (Acting) 14 November 2008 to 25 November 2008 The Hon Justin Mark Madden, MLC (Acting) 2 January 2009 to 9 January 2009 The Hon Bob Cameron, MP (Acting) 10 January 2009 to 26 January 2009
Commission Members:
Mr Ian Dunn (Chair) 1 July 2008 to 30 June 2009 Mrs Judith King (Deputy Chair) 1 July 2008 to 30 June 2009 Mr Peter Cohen 1 July 2008 to 30 June 2009
Accountable Officer – Executive Commissioner
Mr Peter Cohen 1 July 2008 to 30 June 2009
Remuneration Remuneration received or receivable by members of the Commission including the Accountable Officer in connection with the management of the VCGR during the reporting period was in the range:
Income Band 2009 2008 No No $60,000 to $69,999 - 1 $70,000 to $79,999 1 - $80,000 to $89,999 - 1 $90,000 to $99,999 1 - $190,000 to $199,999 1 1 Total numbers 3 3
Total Amount 367,280 340,388
Amounts relating to the Minister for Gaming are reported in the financial statements of the Department of Premier and Cabinet.
88 Note 22 Remuneration of Executives
The number of executive officers, other than Responsible Persons, and their total remuneration during the reporting period are shown in the first two columns in the table below in their relevant income bands. The base remuneration of executive officers is shown in the third and fourth columns. Base remuneration is exclusive of bonus payments, long service leave payments, redundancy payments and retirement benefits.
Total Remuneration Base Remuneration 2009 2008 2009 2008 Income Band No. No. No. No. $140,000 – $149,999 1 2 2 3 $150,000 – $159,999 1 1 - 2 $160,000 – $169,999 1 2 1 - $170,000 – $179,999 - - 1 - $180,000 – $189,999 1 - - - Total numbers 4 5 4 5
Total amount $674,119 $782,069 $656,820 $739,437
Note 23 Remuneration of Auditors
2009 2008 $ $
Victorian Auditor-General’s Office Audit of the financial report 80,190 72,900
Note 24 Related Party Transactions
Related Party transactions requiring disclosure have been considered and there are no matters to report.
Note 25 Subsequent Events
The financial statements for the VCGR are prepared for the reporting period ending 30 June 2009. As at the date of signing there are no events subsequent to the balance date which would have a significant impact on the financial position of the VCGR.
89 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 26 Glossary of Terms
Actuarial gains or losses on superannuation defined benefit plans Actuarial gains or losses reflect movements in the superannuation liability resulting from differences between the assumptions used to calculate the superannuation expense from transactions and actual experience.
Comprehensive result Total comprehensive result is the change in equity for the period other than changes arising from transactions with owners. It is the aggregate of net result and other non-owner changes in equity.
Commitments Commitments include those operating, capital and other outsourcing commitments arising from non cancellable contractual or statutory sources.
Employee benefits expenses Employee benefits expenses include all costs related to employment including wages and salaries, leave entitlements, redundancy payments and superannuation contributions.
Financial asset A financial asset is any asset that is:
(a) cash; (b) an equity instrument of another entity; (c) a contractual right: • to receive cash or another financial asset from another entity; or • to exchange financial assets or financial liabilities with another entity under conditions that are potentially favourable to the entity; or (d) a contract that will or may be settled in the entity’s own equity instruments and is: • a non derivative for which the entity is or may be obliged to receive a variable number of the entity’s own equity instruments; or • a derivative that will or may be settled other than by the exchange of a fixed amount of cash or another financial asset for a fixed number of the entity’s own equity instruments.
Grants and other transfers Transactions in which one unit provides goods, services, assets (or extinguishes a liability) or labour to another unit without receiving approximately equal value in return. Grants can either be operating or capital in nature. While grants to governments may result in the provision of some goods or services to the transferor, they do not give the transferor a claim to receive directly benefits of approximately equal value. Receipt and sacrifice of approximately equal value may occur, but only by coincidence. For example, governments are not obliged to provide commensurate benefits, in the form of goods or services, to particular taxpayers in return for their taxes. For this reason, grants are referred to by the AASB as involuntary transfers and are termed non reciprocal transfers.
Grants can be paid as general purpose grants which refer to grants that are not subject to conditions regarding their use. Alternatively, they may be paid as specific purpose grants which are paid for a particular purpose and/or have conditions attached regarding their use.
Grants for on passing All grants paid to one institutional sector (e.g. a State general government) to be passed on to another institutional sector (e.g. local government or a private non profit institution).
90
Financial statements Depending on the context of the sentence where the term ‘financial statements’ is used, it may include only the main financial statements (i.e. comprehensive operating statement, balance sheet, cash flow statements, and statement of changes in equity); or it may also be used to replace the old term ‘financial report’ under the revised AASB 101 (Sept 2007), which means it may include the main financial statements and the notes.
Intangible assets Intangible assets represent identifiable non monetary assets without physical substance.
Interest expense Costs incurred in connection with the borrowing of funds. Interest expenses include interest on bank overdrafts and short term and long term borrowings, amortisation of discounts or premiums relating to borrowings, interest component of finance leases repayments, and the increase in financial liabilities and non employee provisions due to the unwinding of discounts to reflect the passage of time.
Interest revenue Interest revenue includes interest received on bank term deposits, interest from investments, and other interest received.
Investment properties Investment properties represent properties held to earn rentals or for capital appreciation or both. Investment properties exclude properties held to meet service delivery objectives of the State of Victoria.
Joint ventures Joint ventures are contractual arrangements between the VCGR and one or more other parties to undertake an economic activity that is subject to joint control. Joint control only exists when the strategic financial and operating decisions relating to the activity require the unanimous consent of the parties sharing control (the venturers).
Net acquisition of non financial assets (from transactions) Purchases (and other acquisitions) of non financial assets less sales (or disposals) of non financial assets less depreciation plus changes in inventories and other movements in non financial assets. Includes only those increases or decreases in non financial assets resulting from transactions and therefore excludes write offs, impairment write downs and revaluations.
Net result Net result is a measure of financial performance of the operations for the period. It is the net result of items of revenue, gains and expenses (including losses) recognised for the period, excluding those that are classified as ‘other non owner changes in equity’.
Net result from transactions/net operating balance Net result from transactions or net operating balance is a key fiscal aggregate and is revenue from transactions minus expenses from transactions. It is a summary measure of the ongoing sustainability of operations. It excludes gains and losses resulting from changes in price levels and other changes in the volume of assets. It is the component of the change in net worth that is due to transactions and can be attributed directly to government policies.
Non financial assets Non financial assets are all assets that are not ‘financial assets’.
91 Notes to the Financial Statements For the financial year ended 30 June 2009 (continued)
Note 26 Glossary of Terms (continued)
Other economic flows Other economic flows are changes in the volume or value of an asset or liability that do not result from transactions. It includes gains and losses from disposals, revaluations and impairments of non current physical and intangible assets; actuarial gains and losses arising from defined benefit superannuation plans; fair value changes of financial instruments and agricultural assets; and depletion of natural assets (non produced) from their use or removal. In simple terms, other economic flows are changes arising from market re-measurements.
Payables Includes short and long term trade debt and accounts payable, grants and interest payable.
Receivables Includes short and long term trade credit and accounts receivable, grants, taxes and interest receivable.
Sales of goods and services Refers to revenue from the direct provision of goods and services and includes fees and charges for services rendered, sales of goods and services, fees from regulatory services, work done as an agent for private enterprises. It also includes rental income under operating leases and on produced assets such as buildings and entertainment, but excludes rent income from the use of non produced assets such as land. User charges includes sale of goods and services revenue.
Supplies and services Supplies and services generally represent cost of goods sold and the day to day running costs, including maintenance costs, incurred in the normal operations of the VCGR.
Transactions Transactions are those economic flows that are considered to arise as a result of policy decisions, usually an interaction between two entities by mutual agreement. They also include flows within an entity such as depreciation where the owner is simultaneously acting as the owner of the depreciating asset and as the consumer of the service provided by the asset. Taxation is regarded as mutually agreed interactions between the government and taxpayers. Transactions can be in kind (e.g. assets provided/given free of charge or for nominal consideration) or where the final consideration is cash. In simple terms, transactions arise from the policy decisions of the government.
92 Declaration by the Accountable Officer and the Chief Finance and Accounting Officer
93 Auditor General’s Report
94 95 96 Part 4
Appendices
97 Appendices
Contents
1A Principal Legislation Administered by the Minister for Gaming
1B Commencement Dates of Legislation
1C Subordinate Legislation
2 Ministerial Direction
3 Ministerial Determinations – Community Benefit Statements
4 Victorian Commission for Gambling Regulation Rules
5 Commission Decisions on Applications for New Premises and Venue Operator Licence Amendments
6 Commission Meetings, Inquiries and Hearings 2008–2009
7 Gaming Venues as at 30 June 2009
8 Registered Bookmakers as at 30 June 2009
9 Bingo Centres and Commercial Raffle Organisers as at 30 June 2009
10 Licensing Activities
11 Number of Active Licences at 30 June 2008 and 30 June 2009
12 Roll of Manufacturers, Suppliers and Testers as at 30 June 2009
13 Responsible Gaming Training Course Providers as at 30 June 2009
14 Community Benefit Statements – Summary of the Total Claims Made by Club Gaming Venues
15 Gambling Player Loss and Taxes and Levies Paid 2008–2009
16 Distribution of Taxes from Gambling
17 Player Loss from Gaming Machines – Statistical Data Fact Sheet
18 Distribution of Player Loss from Gaming Machines
19 Representation on Working Parties
20 Commission Whistleblower Procedures
21 Staff Profile by Position 2008–2009
22 Other Information Available on Request
23 Disclosure Index
24 Glossary
98 Appendix 1A
Principal Legislation Administered by the Minister for Gaming (Current as at 30 June 2009)
Casino Control Act 1991 Except sections 128H to 128L {except for section 128K(2)} which are administered by the Minister for Planning and section 128K(2) which is administered by the Minister for Finance, WorkCover and the Transport Accident Commission.
Casino (Management Agreement) Act 1993
Gambling Regulation Act 2003 Except for the following divisions, parts or sections which are administered jointly or wholly by the Ministers noted:
The Treasurer administers –
Section 3.4.33; and
Section 4.3.12;
The Minister for Racing jointly administers –
Division 5A of Part 5 of Chapter 2;
Division 2 of Part 2 of Chapter 4; and
Part 5 of Chapter 4;
The Minister for Community Development administers –
Division 1 of Part 3 of Chapter 10.
99 Appendix 1B
Commencement Dates of Legislation
Gambling Regulation Act 2003 (114/2003) This Act was assented to on 16 December 2003.
All sections other than section 12.1.5 came into operation before 1 July 2007.
Section 12.1.5 came into operation on 1 July 2009.
Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007 (72/2007) This Act was assented to on 18 December 2007.
Sections 1, 2, 7, 16, 17, 18, 51, and 56 came into operation on 31 January 2008.
Sections 5, 6 and 50 came into operation on 4 September 2008.
Sections 13 and 58 come into operation on 1 January 2010.
The remainder came into operation on 1 December 2008.
Gambling Regulation Amendment (Licensing) Act 2008 (40/2008) This Act was assented to on 26 August 2008.
The Act, other than Part 3, came into operation on 27 August 2008.
The remainder of the Act came into operation on 1 December 2008.
Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008 (71/2008) This Act was assented to on 25 November 2008.
Parts 1, 5 and 6 came into operation on 26 November 2008.
Sections 4, 5, 6, 8, 11, 12, 13, 15, 16, 17 and 18 came into operation on 1 March 2009.
Sections 3, 29, 30, 31, 32 and 33 came into operation on 1 June 2009.
Section 14 and sections 19 to 28 will come into operation on 25 November 2009.
Sections 9 and 10 will come into operation on 1 January 2010 if not proclaimed earlier.
Racing and Gambling Legislation Amendment Act 2008 (73/2008) This Act was assented to on 25 November 2008.
This Act came into operation on 1 January 2009, except section 29 which came into operation on 1 June 2009.
Justice Legislation Amendment Act 2009 (25/2009) This Act was assented to on 17 June 2009.
Sections 12 to 17 and sections 39 to 52 amend the Gambling Regulation Act 2003.
Sections 12 to 17 come into operation on a day to be proclaimed.
Sections 39 to 52 came into operation on 18 June 2009.
100 Gambling Regulation Amendment (Licensing) Act 2009 (29/2009) This Act was assented to on 23 June 2009.
Sections 1 to 62, sections 69 to 75 and sections 82 to 85 came into operation on 24 June 2009.
Sections 63(1), 64, 65, 66, 67, 68, 76 and 77 come into operation on 1 January 2010 if not proclaimed earlier.
Sections 63(2) to (5), 78, 79, 80 and 81 will come into operation on 1 July 2012 if not proclaimed earlier.
101 Appendix 1C
Subordinate Legislation
The following subordinate legislation came into operation during the year:
Gambling Regulation (Race Fields) Regulations 2008 (103/2008) The Gambling Regulation (Race Fields) Regulations 2008 (103/2008) were operational from 4 September 2008.
102 Appendix 2
Ministerial Directions Gambling Regulation Act 2003 (Current as at 30 June 2009)
I, Tony Robinson, MP, Minister for Gaming, under section 3.2.3(1) of the Gambling Regulation Act 2003 (the Act), revoke all previous directions to the Victorian Commission for Gambling Regulation (the Commission) and, in substitution, direct the Commission –
(a) that, under section 3.2.3(1)(a), the maximum number of gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino, is 27,500; and
(b) that, under section 3.2.3(1)(b), in respect of the 27,500 gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino, the maximum permissible number of gaming machines to be placed in any approved venue in the State is 105; and
(c) that, under section 3.2.3(1)(c), in respect of the 27,500 gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino, the proportion of gaming machines to be located outside the Melbourne Statistical Division is not less than 20 per cent; and
(d) that, under section 3.2.3(1)(d), in respect of the 27,500 gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino –
(i) prior to 1 July 2008, a bet limit of $10 will apply to gaming machine games (unless the games are being played on a gaming machine operating in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted and which is located in an area specified by notice under section 3.5.29(3) or 3.5.30(2) of the Act); and
(ii) on or after 1 July 2008, a bet limit of $10 will apply to all gaming machine games approved prior to 1 July 2008 (unless the games are being played on a gaming machine operating in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted and which is located in an area specified by notice under section 3.5.29(3) or 3.5.30(2) of the Act); and
(iii) prior to 1 January 2010, a bet limit of $5 will apply to gaming machine games approved on or after 1 July 2008 (unless the games are being played on a gaming machine operating in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted and which is located in an area specified by notice under section 3.5.29(3) or 3.5.30(2) of the Act); and
(iv) on or after 1 January 2010, a bet limit of $5 will apply to all gaming machine games (unless the games are being played on a gaming machine operating in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted and which is located in an area specified by notice under section 3.5.29(3) or 3.5.30(2) of the Act);
(e) that, under section 3.2.3(1)(e), in respect of the 27,500 gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino, the proportion to be placed in premises is –
(i) in the case of premises in respect of which a general licence under section 8 of the Liquor Control Reform Act 1998 is in force, 50 per cent; and
(ii) in the case of premises in which –
(A) a full club licence under section 10 of the Liquor Control Reform Act 1998 is in force; or
(B) a restricted club licence under section 10 of the Liquor Control Reform Act 1998 is in force; or
(C) a licence under Part 1 of the Racing Act 1958 is in force,
50 per cent; and
(f) that, under section 3.2.3(1)(f), in respect of the 27,500 gaming machines permitted to be available for gaming in all approved venues under the Act, other than the Melbourne Casino, the proportion of gaming machines which each gaming operator is permitted to operate is 50 per cent; and
(g) that, under section 3.2.3(1)(g), the Commission must apply the following criteria in determining whether to specify an area by notice under section 3.5.29(3) or 3.5.30(2) of the Act (area or areas):
(i) the specified area must be within an approved venue under the Act;
(ii) the proportion of gaming machines in all specified areas of the approved venue must not exceed 20 per cent of the total number of gaming machines in the approved venue;
103 Appendix 2 continued
Ministerial Directions (continued)
(iii) the total number of gaming machines which are operating at any time in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted operated by each gaming operator located in all specified areas must not exceed 1,000;
(iv) the proportion of gaming machines located in all specified areas in all approved venues under the Act, other than the Melbourne Casino, must not exceed:
(A) in the case of premises in respect of which a general licence under section 8 of the Liquor Control Reform Act 1998 is in force, 50 per cent;
(B) in the case of premises in respect of which a full club licence under section 10 of the Liquor Control Reform Act 1998 is in force; or a restricted club licence under section 10 of the Liquor Control Reform Act 1998 is in force; or a licence under Part 1 of the Racing Act 1958 is in force, 50 per cent; and
(v) the area must not be within an approved venue located –
(A) outside the Melbourne Statistical Division; or
(B) in a region determined pursuant to section 3.2.4 of the Act; and
(h) that, under section 3.2.3(1)(h), the conditions that the Commission must specify in a notice under section 62AB(4), 62(AC)(2) and 81AAB(2) of the Casino Control Act 1991, referred to in section 3.2.3(1)(g) of the Act are:
(i) the total of –
(A) the total number of gaming machines which are operating at any time in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted in all areas specified by notice under section 62AB(4) or 62AC(2) of the Casino Control Act 1991; plus
(B) the total number of gaming machines from which winnings or accumulated credits in excess of $2,000 may be paid out in cash in all areas specified by notice under section 81AAB(2) of the Casino Control Act 1991; minus
(C) the total number of gaming machines which are both operating in the mode referred to in sub paragraph (A) and from which winnings or accumulated credits in excess of $2,000 may be paid out in cash as referred to in sub paragraph (B),
must not exceed 1,000.
(ii) (ii) a gaming machine located in an area specified by a notice under sections 62AB(4), 62(AC)(2) and 81AAB(2) of the Casino Control Act 1991, referred to in section 3.2.3(1)(g) of the Act may only operate in a mode where spin rate, bet limit, autoplay and note acceptors are unrestricted if that gaming machine may only be played in that mode by means of a card, Personal Identification Number (PIN) or similar technology which requires the player to nominate limits on time and net loss before play can commence; and
(iii) the payment of winnings or accumulated credits in excess of $2,000 may only be paid by cash if the winnings or credits are from one of the up to 1,000 machines specified in condition (i)(B). This provision regarding the payment of winnings by cash applies to the up to 1,000 machines specified in condition (i)(B) regardless of whether or not the machine:
(A) was also a machine capable of operating in a mode described in condition (i)(A); and
(B) was actually being played in exempt mode by means of card, PIN or similar technology at the time of the accumulation or payment of winnings as described in condition (ii).
Dated 16 April 2008
TONY ROBINSON MP
Minister for Gaming
104 Table Showing Compliance with Ministerial Directions as at 30 June 2009
Electronic Gaming Number of Electronic Machine Limits imposed Gaming Machines by Ministerial Direction Authorised Number % Number % Total Number 27,500 100 26,772 97.35
Gaming Operator Split Tabcorp Holdings Ltd Total 13,750 50 13,396 48.71 Tatts Group Limited Total 13,750 50 13,376 48.64
Proportion of Electronic Gaming Machines Located Outside the Melbourne Statistical Division (‘MSD’) Outside MSD Minimum 5,500 20 7,371 26.80 Tabcorp 2,750 10 3,980 14.47 Tatts 2,750 10 3,391 12.33 Within MSD Maximum 22,000 80 19,401 70.55 Tabcorp 11,000 40 9,416 34.24 Tatts 11,000 40 9,985 36.31
Proportion of Electronic Gaming Machines Located in premises that are: Hotels Total 13,750 50 13,338 48.50 Tabcorp 6,875 25 6,776 24.64 Tatts 6,875 25 6,562 23.86 Clubs Total 13,750 50 13,434 48.85 Tabcorp 6,875 25 6,620 24.07 Tatts 6,875 25 6,814 24.78
105 Appendix 3
Ministerial Determination – Community Benefit Statements Gambling Regulation Act 2003 (Effective for CBS reporting in the 2008–2009 financial year)
I, Tony Robinson MP, Minister for Gaming, pursuant to section 3.6.9(3) of the Gambling Regulation Act 2003, make the following determination of the kind of activities or purposes that constitute community purposes. A venue operator may claim up to:
• 100 per cent of revenue applied to a Class A purpose or activity; • for revenue applied to Class B purposes or activities, an amount equal to the proportion of non-gaming revenue to the club’s total revenue1; • 100 per cent of revenue applied to a Class C purpose or activity.
Class A purposes and activities: Direct community benefits (a) Donations, gifts and sponsorships, including cash, goods and services, to another person resident in Victoria for the purposes or activities set out below but excluding purposes or activities conducted for profit and excluding a gift or donation of alcohol2:
(i) any educational purpose, but excluding education provided for the benefit of the members of a professional or business association;
(ii) the provision of health services or care;
(iii) services for the prevention and treatment of problem gambling and drug and alcohol addictions;
(iv) housing assistance for disadvantaged persons, including the provision of housing support and assistance to those experiencing homelessness or at risk of becoming homeless;
(v) the relief of poverty;
(vi) the provision of services and assistance for the aged;
(vii) the provision of services and assistance for young people3;
(viii) the protection and preservation of the environment but excluding conservation or rehabilitation activities conducted on private land;
(ix) the provision of assistance to relieve distress caused by natural or other disasters;
(x) the provision of advice, support and services to ex-service personnel, their carers and families, including payments to the Victorian Veterans Fund or a patriotic fund under the Veterans Act 2005 or to any fund for that purpose established by the Returned and Services League Australia (Victorian Branch);
(xi) any other philanthropic or benevolent purpose including the promotion of art, culture, cultural diversity and community harmony, or charity including the benefiting of organisations designated by the Australian Taxation Office as ‘Income Exempt Charities’;
(xii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association, but excluding any club that holds a venue operator’s licence.
(b) The cost of providing and maintaining sporting facilities for use by club members4.
(c) The cost of any subsidy provided for the provision of goods or services but excluding the provision of alcohol5.
(d) Voluntary services provided by members and staff of the club to the community in fulfilment of those purposes or activities (i) to (xii) in paragraph (a) but excluding those voluntary services provided by club members to the club itself or to another club that holds a venue operator’s licence. The maximum amount that can be claimed is $20 per hour per volunteer6.
(e) Where the club that holds the venue operator’s licence is a sub-branch of the Returned and Services League Australia (Victorian Branch), the provision of advice, support and services provided by that club to ex- service personnel, their carers and families, including payments to the Victorian Veterans Fund or a patriotic fund under the Veterans Act 2005 or to any fund for that purpose established by the Returned and Services League Australia (Victorian Branch).
106 Class B purposes and activities: Indirect community benefits (a) Capital expenditure7.
(b) Financing costs (including principal and interest)8.
(c) Retained earnings accumulated during the year for which the community benefit is claimed9.
(d) The provision of buildings, plant or equipment but excluding any building, plant and equipment with a value of less than $10,000 per item and excluding the provision of gaming equipment or the gaming machine area of an approved venue10.
(e) Operating costs11.
Class C purposes and activities: miscellaneous (a) The provision of responsible gambling measures and activities but excluding those required by law12.
(b) Reimbursement of expenses reasonably incurred by volunteers.
(c) The preparation and audit of a community benefit statement required under section 3.6.9 (1) of the Gambling Regulation Act 2003 to a maximum of $3,000.
Dated Tuesday 8 February 2008
HON TONY ROBINSON MP Minister for Gaming
Notes:
1. For example, where a club derives 60 per cent of its revenue from gaming, it can claim 40 per cent of the amounts it has spent under Class B. 2. Paragraph (a) only applies to donations, gifts and sponsorships by a club to another person (including an incorporated entity) as a club cannot make a donation or give a gift to, or sponsor, itself. It is intended to include as community purposes all donations, gifts and sponsorships for the purposes set out in paragraphs (i) to (xii) but to exclude all activities conducted on a commercial basis or for profit. The free use of club facilities such as meeting and function rooms by community groups is claimable under paragraph (a). 3. for the purposes of this order, a young person is a person aged 25 years or less. 4. This would include the cost of a racing club maintaining a racetrack and a football club its football stadium. Where the cost of providing sporting facilities is claimed, a claim cannot also be made for a subsidy under paragraph (c). 5. This would also include goods or services provided to club members and non-members at no cost or at less than commercial rates. The use of club facilities such as meeting and function rooms by community groups at a discounted rate is claimable under paragraph (c). 6. Volunteer services only include services to another person (including an incorporated entity) for the purposes set out in (i) to (xii) paragraph (a). Volunteer services by club members to the club cannot be claimed. 7. Buildings, plant and equipment that have a value of less than $10,000 and gaming equipment or capital expenditure relating to the gaming machine area of an approved venue cannot be claimed under paragraph (a). A motor vehicle can only be claimed where the motor vehicle is used for club purposes. 8. If financing costs are claimed, a claim cannot also be made in relation to the items financed. 9. Retained earnings can only be claimed for the year during which they were earned. If retained earnings are claimed, a claim cannot also be made when those funds are expended. 10. Where multiples of the same item forms one purchase, the total cost of all those items may be claimed. 11. Operating costs include employment costs, but do not include the cost of staff whose principal place of employment is outside Victoria. Employment costs also include wages and salaries plus all on-costs such as superannuation and other entitlements, and benefits to the employee that attract fringe benefits tax. Operating costs also include management fees, electricity, rent, etc. Payments made to players and officials of sporting clubs are claimable as operating costs. 12. Responsible gambling measures and activities required by law including any measures or activities required by statute, licence, contract, agreement, deed, memorandum of understanding, etc.
107 Appendix 3 continued
Ministerial Determination – Community Benefit Statements (continued)
Gaming Machine Control Act 1991 (Effective for CBS reported up to and including the 2007–2008 financial year)
Note: Under the transitional provisions of the Gambling Regulation Act 2003, section 3.14(6), schedule 7, an order of the Minister under section 136AB(3) of the Gaming Machine Control Act 1991 that was in force immediately before the commencement day is taken, on and after that day, to be an order of the Minister under section 3.6.9(3) of that Act with effect from the commencement day.
I, Andre Haermeyer MP, Acting Minister for Gaming, pursuant to section 136AB of the Gaming Machine Control Act 1991, make the following determination of the kind of activities or purposes that constitute community purposes.
1. The purposes that constitute community purposes are:
(a) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity including the benefiting of organisations designated by the Australian Taxation Office as ‘Income Tax Exempt Charities’, and including the benefiting of a fund or part of a fund of the Australian Red Cross Society; or
(b) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association, but excluding any club or association that holds a venue operator’s licence.
2. The activities that constitute community purposes are:
(a) employment expenses of all staff employed by venue operators, including employment expenses of staff in gaming and non-gaming areas, excluding State and Commonwealth taxes.
(b) gifts and sponsorships by venue operators that fall within the definition in (1) above, including gifts of:
(i) funds:
A) donations of the venue operator’s funds; and
B) sponsorships
(ii) goods – donations of goods paid for by the venue operator are community benefits, but not collections of goods on behalf of charities or other community groups;
(iii) services – all voluntary services provided by members and staff of the venue operator to the community in fulfilment of the community purposes. The amount of the benefit to be credited (as an hourly rate) for the voluntary activities is $20.00. Expenses incurred by volunteers may also be included as community benefits.
(c) subsidised activities where the venue operator provides a commercial service to members of the community or community organisations at less than commercial rates, the amount of the benefit is the difference between the commercial selling price and the selling price that the venue operator offers to the public.
(d) The provision of fixed assets, other than fixed assets used for gaming purposes.
Dated 24 June 2003
ANDRE HAERMEYER MP Acting Minister for Gaming
108 Appendix 4
Victorian Commission for Gambling Regulation Rules – Gaming Venues other than the Casino
Gambling Regulation Act 2003 – section 3.5.23(1) (as in force on 21 February 2007) Part 1 – Preliminary Title 1. These Rules may be cited as the Victorian Commission for Gambling Regulation Rules 2007.
Application 2. (1) These Rules are in addition to the requirements of the Act and of a venue operator’s licence, including licence conditions.
(2) These Rules revoke all previous Rules made by the Victorian Commission for Gambling Regulation, or its predecessors, under section 3.5.23(1) of the Gambling Regulation Act 2003 or section 78 of the Gaming Machine Control Act 1991.
Part 2 – Conduct of Gaming Gaming periods (1) A venue operator may offer gaming to a person only – (a) during the period or periods when a licence granted under the Liquor Control Reform Act 1998 in respect of the premises authorises the consumption on those premises of liquor supplied on those premises; or (b) in the case of premises licensed under Part I of the Racing Act 1958, during a race meeting; but not during any break from gaming that the venue operator takes in order to comply with a condition of a premises approval or a venue operator’s licence.* (2) A venue operator must, during any period in which the venue operator offers gaming to a person, afford members of the public aged 18 and over unfettered access to the gaming areas of the venue, provided that –
(a) the venue operator may impose and enforce a code of dress that is reasonable in the circumstances; (b) the venue operator may exclude from the venue a person whose behaviour would be unacceptable in a public place; (c) the venue operator may exclude from the venue a person who has sought to be excluded from gaming venues under a voluntary self-exclusion scheme; (d) the venue operator may exclude a person engaged in ‘syndicate play’.**
Supervision of gaming machine areas generally 4. A venue operator must ensure that the operation of the gaming machine area and each gaming machine is subject to continual supervision. Supervision may be electronic or physical or a combination of both.
Part 3 – Gaming Machine Areas Provision of cash for the purposes of gaming 5. (1) Automatic teller machines (ATM) and electronic funds transfer (EFTPOS) devices must not be accessible by any person within the gaming machine area of an approved venue for the purposes of withdrawing cash.
(2) Cash must not be provided to a patron through a credit card or charge card transaction for the purposes of gaming.
Explanatory Notes: * Compliance with the Act requires a continuous 4 hour break from gaming after every 20 hours of gaming and that there must not be more than 20 hours of continuous gaming each day unless expressly approved by the VCGR and indicated in the Notice of Approved Venue. ** ‘Syndicate play’ occurs when two or more persons act in concert to affect the chance of any person or persons winning a linked jackpot arrangement.
109 Appendix 4 continued
Rules of the Victorian Commission for Gambling Regulation – Casino
Gambling Regulation Act 2003 – section 3.5.23 (3) (as in force on 21 February 2007) Part 1 – Preliminary 1. These Rules may be cited as the Victorian Commission for Gambling Regulation Rules – Casino (“the Rules”). 2. (a) These Rules are in addition to the requirements of the Gambling Regulation Act 2003, the Casino Control Act 1991 (‘the Act’), all relevant Regulations and a casino operator’s system of internal controls and administrative and accounting procedures for the casino approved under section 121 of the Act. (b) These Rules revoke all previous Rules made by the Victorian Commission for Gambling Regulation, or its predecessors, under section 3.5.23(3) of the Gambling Regulation Act 2003 or section 78 of the Gaming Machine Control Act 1991.
Part 2 – Breach of The Rules 3. If a casino operator decides that a person has breached one of these Rules or the Act in relation to, or when playing, a gaming machine, a casino operator may prohibit the person from entering or remaining in the casino under section 72 of the Act.
Part 3 – Conduct of Gaming 4. A player is entitled to receive a cash or cheque payment from a casino operator, in place of an equivalent value of gaming machine winnings or credits, only when the player has verified the amount of payment and then acknowledges receipt of the correct payment by signing the appropriate form.
5. If a player does not want to play out any remaining credits on a gaming machine that amount to less than $1.00, the casino operator must not refuse to make a manual or ‘hand’ payment of the credits to the player.
6. Subject to rule 7, a casino operator must pay, immediately upon request, monetary prizes, coin issues, token issues, and coin or token redemption in the form requested by the player, except where the Act requires payment in a specific form.
7. (a) If a casino operator has a concern about a person’s entitlement to receive a prize, coin issue or token issue, including for reasons that the person may have acted fraudulently or used a prohibited device, or a gaming machine or gaming equipment may have malfunctioned, the casino operator may −
(i) request appropriate forms of personal identification from the player; (ii) withhold the payment of any prize, coin issue or token issue or demand the return of any prize, coin issue or token issue from the player until the casino operator has completed an investigation and made a determination; (iii) confiscate a prohibited device in the possession of a person in accordance with section 80(3) of the Act; and (iv) cause the person who was in possession of a prohibited device to be detained in accordance with section 81 of the Act.
(b) In these Rules, “prohibited device” means any equipment, device or thing that permits or facilitates cheating or stealing.
8. All coins or tokens in gaming machines remain the property of the casino operator until won by or refunded to a player in accordance with the Act, the correct operation of the machine and the approved rules of the game and these Rules.
9. A malfunction of a gaming machine or gaming equipment, including jackpot display meter or jackpot controller, voids all gaming machine game plays, winning of jackpots, prizes and payments. All prizes won or monies paid from a gaming machine or gaming machine equipment that has malfunctioned remain the property of the casino operator. The casino operator may adjust the value of the jackpot prize in accordance with approved procedures.
10. Unless otherwise permitted or instructed by a Gaming Machine Operations Manager or Gaming Machine Area Manager, a player may play up to three gaming machines provided that –
(i) The gaming machines are adjacent to each other and all on the same side of a bank of gaming machines; and (ii) The player has not been requested by a Gaming Machine Operations Manager or Gaming Machine Area Manager to surrender the additional gaming machine(s) to allow other players to play one of the gaming machines.
110 11. The multi gaming machine player can choose which of the gaming machines he or she wishes to continue playing, unless otherwise instructed by a Gaming Machine Operations Manager or Gaming Machine Area Manager.
12. The player of a gaming machine must clear credits from the gaming machine when a “close of play” warning or notification is broadcast by the casino operator.
13. A person must not tilt, rock or in any way damage or interfere with a gaming machine or attempt to operate a gaming machine with any object or device other than legal tender, valid gaming tokens or authorized Crown issued card.
14. A person must not occupy a gaming machine without actively playing it or occupy an area adjacent to it so that he or she restricts another player from gaining access to play that gaming machine.
15. Where a gaming machine does not provide a ‘reserve button’ to reserve a gaming machine, an employee of the casino operator may, at the request of the gaming machine player, reserve or hold a particular gaming machine for a reasonable period so as to allow that player to obtain more coin or to attend to any personal matter. Unless this request occurs, a player does not have any reservation rights over any particular gaming machine.
16. A person must not interfere with any part of a gaming machine being played by a player to the annoyance of the player.
17. A person must not hinder, harass, intimidate or interfere in any way with another person’s playing of a gaming machine or with any employee of the casino operator performing duties related to a gaming machine.
18. ‘Syndicate Play’ occurs when two or more persons act in concert to affect the chance of any person or persons winning a linked jackpot arrangement. A person must not engage or participate in Syndicate Play. Where a casino operator suspects on reasonable grounds that two or more persons are engaged in Syndicate Play, the casino may restrict the play of those persons.
19. A person must not induce a gaming machine player to vacate a gaming machine or to engage in Syndicate Play, whether by threats, unpleasant behaviour, financial offer or any other method.
20. A person must not solicit or accept an inducement to engage in Syndicate Play.
Part 4 – Player Complaints 21. A player may complain to a casino operator about their experience of playing a gaming machine or the operation of a gaming machine.
22. Where a player complaint remains unresolved or the player is dissatisfied with the outcome of a complaint, the player must be advised of the presence of, and their right to refer the complaint to, an inspector appointed by the Executive Commissioner of the Victorian Commission for Gambling Regulation.
111 Appendix 5
Commission Decisions on Applications for New Premises and Venue Operator Licence Amendments Note: The following table illustrates electronic gaming machine changes as a result of decisions taken by the VCGR at meetings and inquiries and, on appeal, by VCAT. It also includes changes resulting from expiry and surrender of venue operators licences. It does not demonstrate the physical movement of electronic gaming machines.
Hearing/ Venue Increase Decrease Capped LGA Gaming Decision/ Region* Operator Meeting Sought Granted Not Date Granted 25 Jul 2008 Caroline Springs Hotel** 80 80 Shire of Melton Tatts
12 Aug 2008 The Bentleigh Club 20 City of Tabcorp Glen Eira
12 Aug 2008 Langwarrin Hotel*** 16 16 City of Tabcorp Frankston 16 Oct 2008 North Melbourne Football 40 City of Tabcorp Club Social Club**** Melbourne 28 Oct 2008 Reggio Calabria Club 1 Region 17 – City City of Tatts of Moreland Moreland 9 Dec 2008 Frankston RSL 13 5 8 City of Tatts Frankston
24 Dec 2008 Club Edgewater# 70 70 Region 13 – City City of Tatts of Maribyrnong Maribyrnong 29 Jan 2009 The Danish Club## 43 City of Tabcorp Port Phillip 30 Mar 2009 Oasis Oz Hotel### 22 Region 14 – City City of Tatts of Melbourne Melbourne 2 Apr 2009 Ballarat RSL^ 23 23 Region 1 – City City of Ballarat Tatts of Ballarat 17 Apr 2009 North Shore Sports 48 Region 8 – City City of Greater Tatts Club^^ of Greater Geelong and Geelong and the Borough of the Borough of Queenscliffe Queenscliffe 30 Apr 2009 Kyabram Club^ 10 10 Shire of Tatts Campaspe 1 May 2009 Mornington Golf Club^^^ 8 Shire of Tatts Mornington Peninsula 12 May 2009 Sale RSL Club and 36 Shire of Tatts Fitness Centre^^^^ Wellington 18 May 2009 Hurstbridge Bowling & 25 City of Tabcorp Recreation Club+ Nillumbik 19 May 2009 The Tigers Clubhouse^ 15 15 City of Tabcorp Wyndham 25 May 2009 Glenferrie Hotel++ 28 City of Tatts Boroondara 10 Jun 2009 Buninyong Golf Club+++ 29 Region 1 – City City of Ballarat Tatts of Ballarat
112 Notes: * Pursuant to sub-section (1) of section 3.2.4 of the Gambling Regulation Act 2003 the Minister for Gaming has determined 19 regions and published an order for that purpose in the Victoria Government Gazette on 12 October 2006. ** Subject to inspection of premises and compliance with Ministerial Directions. *** Eight gaming machines approved forthwith and eight gaming machines approved subject to motel being constructed and ready for occupation. **** Removal of 40 gaming machines and premises approval surrendered. # Subject to re-location of 70 gaming machines from particular venues, removal of 11 gaming machines from the local government area of Maribyrnong, inspection of premises, a permit obtained under the Planning and Environment Act 1987 and compliance with Ministerial Directions. VCGR decision subsequently appealed at VCAT. VCAT decision pending. ## Removal of 43 gaming machines and premises approval surrendered. ### Automatic amendment to venue operator’s licence to remove approved venue due to transfer of liquor licence from venue operator to landlord. ^ Subject to compliance with Ministerial direction with respect to regional caps. ^^ Premises closed and all gaming machines removed. ^^^ Venue closed, eight gaming machines removed and venue operator’s licence surrendered. ^^^^ Venue closed, premises approval surrendered and 36 gaming machines relocated to The Sale RSL and Community Sub-Branch as a result of the approval, on 4 April 2008, of an increase of 36 gaming machines at the Sale RSL and Community Sub-Branch. + Venue closed, 25 gaming machines removed and venue operator’s licence and premises approval surrendered. ++ Venue operator’s licence expired as no renewal application was lodged. +++ Venue closed, 29 gaming machines removed and premises approval surrendered.
113 Appendix 6
Commission Meetings, Inquiries and Hearings 2008–2009
Number of Commission Meetings Private Session 42 Public Session 48
Note: The private session meetings figure includes five extraordinary meetings.
Number of Meeting Sessions Attended by Members Public Private Mr Ian Dunn, Chair 33 39 Ms Judith King, Deputy Chair 35 40 Mr Peter Cohen, Executive Commissioner 36 42
Note: On five further occasions an Acting Executive Commissioner attended the public session of a meeting. On six further occasions an Acting Executive Commissioner attended the private session of a meeting. These private session figures include four extraordinary meetings attended by all members and a fifth extraordinary meetings attended by the Deputy Chair.
Number of Commission Inquiries and Hearings Public Inquiries* 9 Private Hearing Matters** 35 Public Inquiry Sitting Days 29 Private Hearing Sitting Days 10
Number of Matters Heard/Sitting Days by Members *** Public Private Matters Sitting Days Matters Sitting Days Mr Ian Dunn, Chair 6 25 1 1 Ms Judith King, Deputy Chair 4 15 34 9 Mr Peter Cohen, Executive Commissioner 2 15 Nil Nil Ms Suzanne Jones, Sessional Commissioner Nil Nil 9 2 Mr Geoffrey Provis, Sessional Commissioner 1 3 Nil Nil Mr Roderick Smith, Sessional Commissioner 8 20 26 8
* To consider applications for new premises for gaming and increases in gaming machine numbers. ** To consider matters of associate suitability (5), licensee disciplinary action (13), appeals against certain licensing decisions (10), and appeals against casino exclusion orders (7). *** In addition, four directions hearings were conducted for the purposes of setting hearing dates and/or making directions in relation to the proposed conduct of particular matters.
114 Number of Audit Committee Meetings 4
Number of Audit Committee Meetings Attended by Members Mr Trevor Brown, Chairman 4 Mr David Beatty 1 Ms Judith King 4
Number of Commission Meetings* * By Additional Commissioners performing VCGR functions in relation to the licence awarding phase of the Gambling Licences Review being conducted by the Department of Justice.
Private Session 32
Number of Meeting Sessions Attended by Members Judge Gordon Lewis AM, Deputy Chair 32 Mr Ken Loughnan AO, Sessional Commissioner 30 Ms Suzanne Jones, Sessional Commissioner 31
115 Appendix 7
Gaming Venues as at 30 June 2009
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 1 Abruzzo Club EAST BRUNSWICK Tatts C M 59 2 Aces Sporting Club KEYSBOROUGH Tabcorp C M 77 3 Albion Charles Hotel NORTHCOTE Tabcorp H M 65 4 Albion Hotel DANDENONG Tatts H M 24 5 Albion Inn Hotel COLLINGWOOD Tatts H M 20 6 Alexandra House Tabaret HAMILTON Tabcorp C C 35 7 Alma Sports Club NORTH CAULFIELD Tatts C M 26 8 Altona Bowling Club ALTONA Tabcorp C M 37 9 Altona RSL ALTONA Tatts C M 58 10 Altona Sports Club SEAHOLME Tatts C M 83 11 Amstel Golf Club CRANBOURNE Tabcorp C M 95 12 Angel Tavern MALVERN Tabcorp H M 45 13 Anglers Tavern MARIBYRNONG Tabcorp H M 24 14 Anglesea Golf Club ANGLESEA Tabcorp C C 34 15 Ararat RSL ARARAT Tatts C C 55 16 Ashley Hotel BRAYBROOK Tabcorp H M 50 17 Aspendale Edithvale RSL EDITHVALE Tabcorp C M 49 18 Austral Hotel COLAC Tatts H C 23 19 Australian Croatian Association FOOTSCRAY Tabcorp C M 0 20 Australian Croatian National Hall BELL PARK Tabcorp C C 30 21 Bacchus Marsh Golf Club BACCHUS MARSH Tabcorp C C 30 22 Bairnsdale Bowls Club BAIRNSDALE Tabcorp C C 26 23 Bairnsdale Club BAIRNSDALE Tatts C C 15 24 Bairnsdale RSL BAIRNSDALE Tatts C C 72 25 Bairnsdale Sporting and Convention Centre BAIRNSDALE Tabcorp C C 37 26 Bakers Arms Hotel ABBOTSFORD Tabcorp H M 32 27 Balaclava Hotel BALACLAVA Tatts H M 56 28 Ballarat & District Trotting Club BALLARAT Tabcorp C C 50 29 Ballarat Golf Club BALLARAT Tabcorp C C 28 30 Ballarat Leagues Club BALLARAT Tatts C C 50 31 Ballarat RSL BALLARAT Tatts C C 33 32 Ballcourt Hotel SUNBURY Tabcorp H M 5 33 Barwon Heads Hotel BARWON HEADS Tatts H C 29 34 Batman’s Hill on Collins MELBOURNE Tabcorp H M 22 35 Baxter Tavern Hotel Motel BAXTER Tabcorp H M 30 36 Bayswater Hotel BAYSWATER Tatts H M 105 37 Beaumaris Ex-Services Club BEAUMARIS Tatts C M 30 38 Bell Park Sport & Recreation Club NORTH GEELONG Tatts C C 28 39 Benalla Bowls Club BENALLA Tatts C C 50 40 Benalla Golf Club BENALLA Tabcorp C C 25 41 Bendigo Club BENDIGO Tabcorp C C 44 42 Bendigo District RSL Club BENDIGO Tatts C C 81
116
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 43 Bentleigh RSL BENTLEIGH Tatts C M 75 44 Berwick Inn Taverner BERWICK Tatts H M 63 45 Birallee Tavern WODONGA Tabcorp H C 24 46 Blackburn Hotel BLACKBURN Tatts H M 102 47 Blazing Stump Hotel WODONGA Tatts H C 20 48 Blue Bell Hotel WENDOUREE Tabcorp H C 48 49 Boundary Taverner BENTLEIGH EAST Tabcorp H M 90 50 Bourke Hill’s Welcome Stranger MELBOURNE Tatts H M 100 51 Box Hill Golf Club BOX HILL Tatts C M 34 52 Box Hill RSL BOX HILL Tatts C M 100 53 Braybrook Taverner BRAYBROOK Tatts H M 31 54 Broadmeadows Sporting Club JACANA Tabcorp C M 65 55 Bundoora Bowling Club BUNDOORA Tabcorp C M 20 56 Bundoora Taverner BUNDOORA Tatts H M 100 57 Burvale Hotel NUNAWADING Tatts H M 103 58 Cardinia Club PAKENHAM Tabcorp C M 105 59 Casa D’Abruzzo Club EPPING Tatts C M 60 60 Castello’s Berwick Hotel BERWICK Tabcorp H M 85 61 Castello’s Pakenham Hotel PAKENHAM Tabcorp H M 32 62 Caulfield Racecourse Tabaret CAULFIELD Tabcorp C M 105 63 Caulfield RSL ELSTERNWICK Tatts C M 52 64 Celtic Club MELBOURNE Tatts C M 46 65 Century City Entertainment GLEN WAVERLEY Tabcorp H M 75 66 Chalambar Golf Club ARARAT Tabcorp C C 33 67 Chelsea Heights Hotel CHELSEA HEIGHTS Tatts H M 40 68 Chelsea RSL CHELSEA Tatts C M 65 69 Cheltenham Moorabbin RSL CHELTENHAM Tatts C M 41 70 Cherry Hill Tavern DONCASTER EAST Tabcorp H M 50 71 Chirnside Park Country Club CHIRNSIDE PARK Tatts C M 37 72 City Bowls Club Colac COLAC Tabcorp C C 20 73 City Family Hotel BENDIGO Tatts H C 39 74 City Memorial Bowls Club WARRNAMBOOL Tatts C C 38 75 Clayton Bowls Club CLAYTON SOUTH Tatts C M 29 76 Clayton RSL CLAYTON Tatts C M 71 77 Clifton Springs Golf Club CLIFTON SPRINGS Tabcorp C C 40 78 Clocks at Flinders Street Station MELBOURNE Tatts C M 100 79 Club Fogolar Furlan Melbourne THORNBURY Tatts C M 52 80 Club Hotel (Ferntree Gully) FERNTREE GULLY Tabcorp H M 45 81 Club Hotel (Warragul) WARRAGUL Tatts H C 30 82 Club Italia Sporting Club NORTH SUNSHINE Tatts C M 38 83 Club Kilsyth BAYSWATER NORTH Tabcorp C M 100 84 Club Laverton LAVERTON Tabcorp C M 60
117 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 85 Club Leeds FOOTSCRAY Tatts C M 30 86 Club Ringwood RINGWOOD Tabcorp C M 75 87 Club Tivoli WINDSOR Tatts C M 18 88 Club Warrandyte WARRANDYTE Tabcorp C M 27 89 Cobden Golf Club COBDEN Tabcorp C C 28 90 Colac Bowling Club COLAC Tabcorp C C 20 91 Colac RSL COLAC Tatts C C 25 92 Commercial Hotel (Camperdown) CAMPERDOWN Tabcorp H C 29 93 Commercial Hotel (Swan Hill) SWAN HILL Tabcorp H C 18 94 Commercial Taverner WERRIBEE Tatts H M 75 95 Coolaroo Taverner COOLAROO Tatts H M 56 96 Corryong Sporting Complex CORRYONG Tabcorp C C 10 97 Court House Hotel (Bacchus Marsh) BACCHUS MARSH Tatts H C 40 98 Court House Hotel (Brunswick) BRUNSWICK Tabcorp H M 20 99 Court House Hotel (Footscray) FOOTSCRAY Tatts H M 21 100 Court Jester Hotel PRAHRAN Tatts H M 48 101 Cowes Golf Club COWES Tatts C C 8 102 Craigieburn Sporting Club CRAIGIEBURN Tabcorp C M 63 103 Craig’s Royal Hotel BALLARAT Tabcorp H C 37 104 Cramers Hotel PRESTON Tatts H M 100 105 Cranbourne RSL CRANBOURNE Tatts C M 62 106 Cross Keys Hotel ESSENDON Tabcorp H M 40 107 Croxton Park Hotel THORNBURY Tatts H M 100 108 Croydon Hotel CROYDON Tabcorp H M 95 109 Cumberland Hotel CASTLEMAINE Tatts H C 30 110 Daisey’s Club Hotel EAST RINGWOOD Tatts H M 75 111 Dandenong Club DANDENONG Tatts C M 86 112 Dandenong RSL DANDENONG Tatts C M 63 113 Dandenong Workers Social Club DANDENONG Tatts C M 77 114 Darebin RSL PRESTON Tatts C M 65 115 Dava Hotel MT MARTHA Tabcorp H M 32 116 Daylesford Bowling Club DAYLESFORD Tabcorp C C 32 117 Deer Park Club DEER PARK Tatts C M 68 118 Deer Park Hotel DEER PARK Tabcorp H M 100 119 Derrimut Hotel SUNSHINE Tabcorp H M 55 120 Diamond Creek Tavern DIAMOND CREEK Tabcorp H M 40 121 Dick Whittington Tavern ST KILDA Tatts H M 29 122 Dingley International Hotel DINGLEY Tabcorp H M 90 123 Doncaster Inn Hotel DONCASTER Tatts H M 100 124 Dorset Gardens Hotel CROYDON Tabcorp H M 97 125 Dromana Hotel DROMANA Tabcorp H M 41 126 Dromana Red Hill RSL DROMANA Tatts C M 20
118
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 127 Drums Hotel COBURG Tatts H M 85 128 East Malvern RSL MALVERN EAST Tatts C M 33 129 Eastwood Golf Club KILSYTH Tatts C M 19 130 Echuca Hotel ECHUCA Tabcorp H C 12 131 Echuca Workers & Services Club ECHUCA Tatts C C 84 132 Edwardes Lake Hotel RESERVOIR Tabcorp H M 100 133 Elsternwick Hotel ELWOOD Tatts H M 34 134 Eltham Hotel ELTHAM Tatts H M 57 135 Eltham RSL ELTHAM Tatts C M 20 136 Elwood RSL ELWOOD Tatts C M 34 137 Epping Hotel EPPING Tabcorp H M 40 138 Epping Plaza Hotel EPPING Tabcorp H M 100 139 Epping RSL EPPING Tatts C M 40 140 Esplanade Hotel QUEENSCLIFF Tatts H C 20 141 Essendon Football & Community Sporting Club ESSENDON Tatts C M 100 142 Excelsior Hotel THOMASTOWN Tabcorp H M 105 143 Fairfield & Alphington RSL FAIRFIELD Tatts C M 30 144 Family Hotel DROUIN Tatts H C 20 145 Fawkner RSL FAWKNER Tatts C M 35 146 Ferntree Gully Bowling Club FERNTREE GULLY Tabcorp C M 28 147 Ferntree Gully Hotel FERNTREE GULLY Tatts H M 90 148 First & Last Hotel FAWKNER Tatts H M 70 149 Flemington Racecourse Tabaret FLEMINGTON Tabcorp C M 80 150 Footscray Football Club WEST FOOTSCRAY Tatts C M 48 151 Foresters Arms Hotel OAKLEIGH Tatts H M 46 152 Fortunes Bendigo BENDIGO Tabcorp C C 100 153 Foster Golf Club FOSTER Tabcorp C C 25 154 Fountain Gate Taverner NARRE WARREN Tabcorp H M 95 155 Frankston Football Club FRANKSTON Tabcorp C M 27 156 Frankston RSL FRANKSTON Tatts C M 77 157 Freccia Azzurra Club KEYSBOROUGH Tatts C M 35 158 Gateway Hotel CORIO Tatts H C 60 159 Geelong Combined Leagues Club BREAKWATER Tabcorp C C 105 160 Geelong Football Club GEELONG Tabcorp C C 100 161 Geelong RSL BELMONT Tatts C C 42 162 George Hotel BALLARAT Tatts H C 34 163 Gladstone Park Hotel TULLAMARINE Tabcorp H M 90 164 Glengala Hotel ARDEER Tatts H M 60 165 Glenroy RSL GLENROY Tatts C M 40 166 Golden Fleece Hotel MELTON Tabcorp H M 45 167 Golden Nugget MELBOURNE Tabcorp H M 60 168 Golf House Hotel BALLARAT Tabcorp H C 20
119 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 169 Gordon Hotel PORTLAND Tatts H C 23 170 Goulburn Valley Hotel SHEPPARTON Tatts H C 40 171 Grand Central Hotel (Hamilton) HAMILTON Tatts H C 40 172 Grand Hotel MORNINGTON Tabcorp H M 70 173 Grand Junction Hotel TRARALGON Tabcorp H C 34 174 Grand Terminus Hotel Motel BAIRNSDALE Tatts H C 21 175 Great Western Hotel NEWTOWN Tabcorp H C 36 176 Green Gully Soccer Club KEILOR DOWNS Tabcorp C M 70 177 Greensborough Hotel GREENSBOROUGH Tabcorp H M 24 178 Greensborough RSL GREENSBOROUGH Tatts C M 78 179 Grosvenor Hotel ST KILDA Tabcorp H M 22 180 Grovedale Hotel GROVEDALE Tabcorp H C 70 181 Hallam Taverner HALLAM Tabcorp H M 92 182 Hampton Bowls Club HAMPTON Tabcorp C M 30 183 Hampton Park Tavern HAMPTON PARK Tatts H M 73 184 Hampton RSL HAMPTON Tatts C M 20 185 Harp of Erin Hotel EAST KEW Tabcorp H M 47 186 Hastings Cricket & Football Social Club HASTINGS Tatts C M 50 187 Healesville RSL HEALESVILLE Tatts C M 50 188 Heidelberg RSL HEIDELBERG Tatts C M 25 189 Highett Returned & Services Club HIGHETT Tatts C M 41 190 Highpoint Taverner MARIBYRNONG Tabcorp H M 70 191 Hill Top Golf and Country Club TATURA Tabcorp C C 20 192 Hilton on the Park EAST MELBOURNE Tabcorp H M 44 193 Hogans Hotel WALLAN Tabcorp H C 30 194 Hoppers Crossing Club HOPPERS CROSSING Tabcorp C M 70 195 Hoppers Crossing Sports Club HOPPERS CROSSING Tabcorp C M 35 196 Horsham RSL HORSHAM Tatts C C 36 197 Horsham Sports & Community Club HORSHAM Tatts C C 54 198 Hotel Sorrento SORRENTO Tabcorp H M 16 199 Inverloch Esplanade Hotel INVERLOCH Tabcorp H C 17 200 Isle Of Wight Hotel COWES Tatts H C 10 201 Italian Australian Sporting & Social Club MORWELL Tatts C C 36 of Gippsland 202 Italian Sports Club of Werribee WERRIBEE Tatts C M 57 203 Ivanhoe Hotel IVANHOE Tatts H M 100 204 Jokers on Ryrie GEELONG Tatts H C 47 205 Junction Hotel PRESTON Tabcorp H M 46 206 Junction Tabaret MOONEE PONDS Tabcorp C M 80 207 Kangaroo Flat Sports Club KANGAROO FLAT Tabcorp C C 48 208 Karingal Bowling Club FRANKSTON Tabcorp C M 29 209 Kealba Hotel KEALBA Tabcorp H M 86
120
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 210 Keilor East RSL ESSENDON Tatts C M 25 211 Keilor Hotel KEILOR Tatts H M 50 212 Kerang Sports and Entertainment Venue KERANG Tatts C C 45 213 Keysborough Hotel KEYSBOROUGH Tabcorp H M 89 214 Kilmore Trackside KILMORE Tabcorp C C 56 215 Kings Creek Hotel HASTINGS Tabcorp H M 33 216 Kirkpatricks Hotel MORNINGTON Tatts H M 40 217 Knox Club WANTIRNA Tatts C M 100 218 Knox Tavern WANTIRNA SOUTH Tabcorp H M 77 219 Kooringal Golf Club ALTONA Tabcorp C M 49 220 Korumburra Hotel KORUMBURRA Tabcorp H C 16 221 Kyabram Club KYABRAM Tatts C C 43 222 Kyneton Bowling Club KYNETON Tatts C C 25 223 Kyneton RSL KYNETON Tabcorp C C 28 224 Lakes Entrance Bowls Club LAKES ENTRANCE Tabcorp C C 55 225 Lakes Entrance RSL LAKES ENTRANCE Tabcorp C C 37 226 Lalor Bowling Club LALOR Tabcorp C M 36 227 Langwarrin Hotel LANGWARRIN Tabcorp H M 52 228 Lara Hotel LARA Tatts H C 20 229 Lara Sporting Club LARA Tabcorp C C 50 230 Leighoak OAKLEIGH Tabcorp C M 92 231 Leongatha RSL LEONGATHA Tatts C C 40 232 Leopold Sportsmans Club LEOPOLD Tabcorp C C 35 233 Lilydale Crown Hotel LILYDALE Tatts H M 68 234 Lincolnshire Arms Hotel ESSENDON Tabcorp H M 38 235 Loch Sport RSL LOCH SPORT Tatts C C 10 236 London Tavern CAULFIELD Tabcorp H M 50 237 Long Beach Hotel CHELSEA Tabcorp H M 49 238 Lord of the Isles Tavern NEWTOWN Tatts H C 60 239 Lorne Hotel LORNE Tatts H C 22 240 Lower Plenty Hotel LOWER PLENTY Tabcorp H M 85 241 L’unico Bar & Bistro CLAYTON Tabcorp H M 28 242 Lyndhurst Club Hotel EAST BRUNSWICK Tatts H M 48 243 Mac’s Hotel (Melton) MELTON Tabcorp H M 82 244 Mac’s Hotel (Warrnambool) WARRNAMBOOL Tatts H C 31 245 Maffra Community Sports Club MAFFRA Tabcorp C C 35 246 Magpie and Stump Hotel WANDONG Tabcorp H C 24 247 Malvern Vale Club Hotel MALVERN Tabcorp H M 30 248 Manhattan Hotel RINGWOOD Tatts H M 103 249 Manningham Club BULLEEN Tatts C M 100 250 Mansfield Golf Club MANSFIELD Tabcorp C C 29 251 Marine Hotel BRIGHTON Tatts H M 40
121 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 252 Maroondah Sports Club EAST RINGWOOD Tabcorp C M 56 253 Maryborough Golf Club MARYBOROUGH Tatts C C 50 254 Maryborough Highland Society MARYBOROUGH Tabcorp C C 64 255 Matthew Flinders Taverner CHADSTONE Tatts H M 59 256 McCartins Hotel LEONGATHA Tabcorp H C 20 257 McKinnon Hotel McKINNON Tabcorp H M 19 258 Meadow Inn Hotel FAWKNER Tatts H M 76 259 Melton Country Club MELTON Tatts C M 90 260 Melton Entertainment Complex MELTON SOUTH Tabcorp C M 80 261 Mentone RSL MENTONE Tatts C M 25 262 Merbein Citizens Club MERBEIN Tabcorp C C 20 263 Mercure Grand Hotel on Swanston MELBOURNE Tabcorp H M 90 264 Midlands Golf Club BALLARAT Tatts C C 32 265 Milano’s Hotel BRIGHTON Tatts H M 60 266 Mildura Gateway Tavern MILDURA Tatts H C 75 267 Mildura Golf Club MILDURA Tabcorp C C 20 268 Mildura Grand Hotel Resort MILDURA Tabcorp H C 19 269 Mildura RSL MILDURA Tatts C C 45 270 Mildura Working Mans Sports & Social Club MILDURA Tabcorp C C 67 271 Mitcham Hotel MITCHAM Tatts H M 100 272 Mitcham RSL MITCHAM Tabcorp C M 25 273 Mitchell River Tavern BAIRNSDALE Tabcorp H C 20 274 Moe Hotel MOE Tatts H C 27 275 Moe RSL Club MOE Tatts C C 41 276 Monash Hotel CLAYTON Tabcorp H M 50 277 Monbulk Bowling Club MONBULK Tabcorp C M 30 278 Montmorency RSL MONTMORENCY Tatts C M 35 279 Moonee Valley Legends MOONEE PONDS Tatts C M 105 280 Mooroopna Golf Club MOOROOPNA Tabcorp C C 44 281 Moreland Hotel BRUNSWICK Tabcorp H M 70 282 Mornington on Tanti Hotel MORNINGTON Tabcorp H M 23 283 Morwell Bowling Club MORWELL Tabcorp C C 63 284 Morwell Club MORWELL Tatts C C 35 285 Morwell Hotel MORWELL Tatts H C 30 286 Morwell RSL MORWELL Tatts C C 42 287 Motor Club Hotel CRANBOURNE Tatts H M 70 288 Mount Beauty Country Club MT BEAUTY Tabcorp C C 19 289 Mountain View Hotel GLEN WAVERLEY Tatts H M 100 290 Mulgrave Country Club WHEELERS HILL Tabcorp C M 105 291 Myrtleford Savoy Sporting Club MYRTLEFORD Tabcorp C C 26 292 Nagambie Lakes Entertainment Centre NAGAMBIE Tatts C C 32 293 Newmarket Tavern NEWMARKET Tatts H M 68
122
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 294 Noble Park Football Social Club NOBLE PARK Tatts C M 46 295 Noble Park RSL NOBLE PARK Tatts C M 30 296 Norlane Hotel NORLANE Tabcorp H C 105 297 North Ballarat Sports Club BALLARAT Tatts C C 90 298 North Suburban Sports Club MOONEE PONDS Tatts C M 50 299 Northcote Park Football Club BRUNSWICK Tabcorp C M 85 300 Northcote RSL NORTHCOTE Tatts C M 56 301 Numurkah Golf & Bowls Club NUMURKAH Tabcorp C C 38 302 Oakleigh Junction Hotel OAKLEIGH Tatts H M 47 303 Oakleigh-Carnegie RSL Sub-Branch OAKLEIGH Tatts C M 20 304 Ocean Grove Bowling Club OCEAN GROVE Tabcorp C C 60 305 Old Dandy Inn DANDENONG Tabcorp H M 30 306 Old England Hotel HEIDELBERG Tatts H M 105 307 Olinda Creek Hotel LILYDALE Tabcorp H M 60 308 Olive Tree Hotel SUNBURY Tabcorp H M 43 309 Olympic Hotel PRESTON Tabcorp H M 80 310 Ouyen Club OUYEN Tabcorp C C 5 311 Pakenham Inn PAKENHAM Tatts H M 50 312 Pakenham Sports Club PAKENHAM Tatts C M 38 313 Palace Hotel CAMBERWELL Tatts H M 48 314 Parkview Hotel FITZROY NORTH Tatts H M 30 315 Pascoe Vale RSL PASCOE VALE Tatts C M 47 316 Pascoe Vale Taverner Hotel PASCOE VALE Tatts H M 51 317 Peninsula Hotel Motel NEWCOMB Tatts H C 55 318 Phillip Island RSL COWES Tatts C C 53 319 Phoenix Hotel GEELONG Tabcorp H C 28 320 Pier Hotel FRANKSTON Tatts H M 97 321 Pinsent Hotel WANGARATTA Tabcorp H C 44 322 Players Hotel DANDENONG Tabcorp H M 25 323 Players on Lygon CARLTON Tatts H M 75 324 Plough Hotel MILL PARK Tatts H M 100 325 Portarlington Golf Club PORTARLINGTON Tabcorp C C 55 326 Portland Football Netball Cricket Club PORTLAND Tabcorp C C 25 327 Portland RSL Memorial Bowling Club PORTLAND Tatts C C 25 328 Powell Hotel FOOTSCRAY Tatts H M 30 329 Prahran Football Social Club PRAHRAN Tabcorp C M 81 330 Preston Hotel PRESTON Tatts H M 41 331 Prince Mark Hotel DOVETON Tatts H M 103 332 Queenscliff Bowling Tennis and Croquet Club QUEENSCLIFF Tabcorp C C 30 333 Racecourse Hotel (Malvern East) MALVERN EAST Tabcorp H M 40 334 Racecourse Hotel (Werribee) WERRIBEE Tabcorp H M 52 335 Railway Club Hotel SEYMOUR Tabcorp H C 33
123 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 336 Red Cliffs Club RED CLIFFS Tabcorp C C 34 337 Red Lion Hotel BALLARAT Tatts H C 45 338 Reggio Calabria Club WEST BRUNSWICK Tatts C M 34 339 Reservoir Bowling Club RESERVOIR Tatts C M 23 340 Reservoir RSL RESERVOIR Tabcorp C M 68 341 Richmond Tavern RICHMOND Tatts C M 30 342 Rifle Club Hotel WILLIAMSTOWN Tatts H M 59 343 Ringwood RSL RINGWOOD Tatts C M 70 344 Rising Sun Hotel BENDIGO Tatts H C 35 345 Riversdale Hotel HAWTHORN Tabcorp H M 42 346 Riviera Hotel SEAFORD Tabcorp H M 45 347 Robinvale Golf Club ROBINVALE Tabcorp C C 25 348 Rose Shamrock & Thistle Hotel EAST RESERVOIR Tatts H M 60 349 Rosebud Country Club ROSEBUD Tabcorp C M 48 350 Rosebud Hotel ROSEBUD Tatts H M 70 351 Rosebud RSL ROSEBUD Tatts C M 75 352 Rosstown Hotel CARNEGIE Tabcorp H M 103 353 Roxburgh Park Hotel COOLAROO Tabcorp H M 74 354 Royal Exchange Hotel TRARALGON Tatts H C 35 355 Royal Hotel (Benalla) BENALLA Tabcorp H C 20 356 Royal Hotel (Daylesford) DAYLESFORD Tatts H C 18 357 Royal Hotel (Essendon) ESSENDON Tabcorp H M 70 358 Royal Hotel (Horsham) HORSHAM Tatts H C 23 359 Royal Hotel (Sunbury) SUNBURY Tabcorp H M 31 360 Royal Oak Hotel CHELTENHAM Tabcorp H M 76 361 Royal Oak Richmond RICHMOND Tabcorp C M 80 362 Royal Taverner FERNTREE GULLY Tatts H M 90 363 Rubicon Hotel Motel THORNTON Tabcorp H C 16 364 Rye Hotel RYE Tatts H M 30 365 Rye RSL Club RYE Tatts C M 100 366 Sale & District Greyhound Racing Club SALE Tabcorp C C 70 367 Sale Community Sports Club SALE Tatts C C 33 368 Sandbelt Club Hotel MOORABBIN Tabcorp H M 100 369 Sandown Greyhounds Tabaret SPRINGVALE Tabcorp C M 93 370 Sandown Park Hotel NOBLE PARK Tatts H M 90 371 Sandown Racecourse – Highways Tabaret SPRINGVALE Tabcorp C M 90 372 Sandringham Hotel SANDRINGHAM Tabcorp H M 45 373 Sands Taverner CARRUM DOWNS Tatts H M 70 374 Seaford RSL SEAFORD Tatts C M 25 375 Seaford Taverner SEAFORD Tabcorp H M 105 376 Seagulls Nest NEWPORT Tabcorp C M 61 377 Sebastopol Bowling Club SEBASTOPOL Tatts C C 50
124
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 378 Seymour Club SEYMOUR Tatts C C 50 379 Shamrock Hotel BENDIGO Tabcorp H C 45 380 Shanghai Club MELBOURNE Tatts H M 48 381 Shell Club CORIO Tatts C C 100 382 Shepparton Club SHEPPARTON Tabcorp C C 61 383 Shepparton RSL SHEPPARTON Tatts C C 80 384 Sherbourne Terrace SHEPPARTON Tabcorp H C 39 385 Shoppingtown Hotel DONCASTER Tatts H M 100 386 Sir Henry Barkly Hotel HEIDELBERG Tatts H M 65 387 Skyways Taverner AIRPORT WEST Tatts H M 100 388 Somerville Hotel SOMERVILLE Tabcorp H M 39 389 South Oakleigh Club BENTLEIGH EAST Tatts C M 42 390 Sphinx Hotel NORTH GEELONG Tatts H C 63 391 Sporting Legends Club SALE Tabcorp C C 75 392 Sportspark Gaming and Entertainment Centre WENDOUREE Tabcorp C C 35 393 Springvale RSL Club SPRINGVALE Tatts C M 44 394 SS & A Wodonga WODONGA WEST Tatts C C 60 395 St Albans Hotel ST ALBANS Tatts H M 50 396 St Albans Sports Club ST ALBANS Tabcorp C M 30 397 St Arnaud Sporting Club ST ARNAUD Tabcorp C C 35 398 St George Workers Club GEELONG WEST Tabcorp C C 35 399 St Kilda Army & Navy Club ST KILDA Tatts C M 60 400 St Kilda Football Social Club MOORABBIN Tabcorp C M 83 401 Stamford Hotel ROWVILLE Tatts H M 103 402 Star Hotel (Bright) BRIGHT Tatts H C 18 403 Star Hotel (Sale) SALE Tatts H C 29 404 Stawell Harness Racing Club STAWELL Tabcorp C C 30 405 Steeples Tabaret MORNINGTON Tabcorp C M 85 406 Stoneys Club BACCHUS MARSH Tabcorp C C 40 407 Summerhill Hotel RESERVOIR Tabcorp H M 100 408 Summerworld Hotel COBURG Tabcorp H M 28 409 Sunbury Bowling Club SUNBURY Tatts C M 78 410 Sunbury Football Social Club SUNBURY Tabcorp C M 38 411 Sunbury United Sporting Club SUNBURY Tabcorp C M 27 412 Sunshine City Club SUNSHINE Tabcorp C M 23 413 Sunshine RSL SUNSHINE Tatts C M 60 414 Swan Hill Club SWAN HILL Tabcorp C C 35 415 Swan Hill RSL SWAN HILL Tatts C C 30 416 Sylvania Hotel CAMPBELLFIELD Tabcorp H M 88 417 Tankerville Arms Hotel FITZROY Tatts H M 49 418 Taylors Lakes Family Hotel TAYLORS LAKES Tatts H M 105 419 Templestowe Hotel LWR TEMPLESTOWE Tabcorp H M 50
125 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 420 The Beach ALBERT PARK Tatts H M 38 421 The Bentleigh Club BENTLEIGH Tabcorp C M 80 422 The Borough Club EAGLEHAWK Tabcorp C C 40 423 The Bridge Hotel MORDIALLOC Tatts H M 50 424 The Brook on Sneydes POINT COOK Tatts C M 80 425 The Brunswick Club BRUNSWICK Tatts C M 43 426 The Chase Hotel FOREST HILL Tabcorp H M 90 427 The Club CAROLINE SPRINGS Tatts C M 60 428 The Coach and Horses RINGWOOD Tabcorp C M 80 429 The Cove Hotel PATTERSON LAKES Tabcorp H M 45 430 The Elsternwick Club ELSTERNWICK Tabcorp C M 32 431 The Grand at Dandenong DANDENONG Tatts C M 45 432 The Grand Hotel Frankston FRANKSTON Tabcorp H M 64 433 The Hawthorn Club HAWTHORN Tabcorp C M 43 434 The International LILYDALE Tatts C M 80 435 The Kingston Club MORDIALLOC Tabcorp C M 70 436 The Lakes Entertainment Centre LAKES ENTRANCE Tatts C C 38 437 The Meeting Place at Melbourne Central MELBOURNE Tabcorp C M 56 438 The Millers Inn Hotel ALTONA NORTH Tatts H M 70 439 The Old Town ‘N’ Country Tavern WANGARATTA Tatts H C 29 440 The Orbost Club ORBOST Tabcorp C C 24 441 The Prince Of Wales Hotel – Richmond RICHMOND Tatts H M 40 442 The Rex PORT MELBOURNE Tatts C M 57 443 The Richmond Henty Hotel PORTLAND Tabcorp H C 32 444 The Sale RSL & Community Sub-Branch SALE Tatts C C 36 445 The Settlement at Cranbourne CRANBOURNE Tabcorp H M 44 446 The Sugar Gum Hotel SYDENHAM Tabcorp H M 50 447 The Tigers Clubhouse HOPPERS CROSSING Tabcorp C M 50 448 The Union Club Hotel COLAC Tabcorp H C 22 449 The Vale Hotel MULGRAVE Tabcorp H M 56 450 The Whalers Inn WARRNAMBOOL Tabcorp H C 45 451 The Yarram Country Club YARRAM Tatts C C 37 452 Tooradin & District Sports Club TOORADIN Tabcorp C M 42 453 Torquay Golf Club TORQUAY Tatts C C 40 454 Torquay Hotel TORQUAY Tabcorp H C 15 455 Tower Hotel EAST HAWTHORN Tabcorp H M 25 456 Town Hall Hotel Stawell STAWELL Tatts H C 23 457 Traralgon Bowls Club TRARALGON Tabcorp C C 54 458 Traralgon RSL TRARALGON Tatts C C 37 459 Trios Tabaret CRANBOURNE Tabcorp C M 75 460 Tudor Inn Hotel CHELTENHAM Tatts H M 56 461 Turfside Tabaret MOE Tabcorp C C 65
126
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 462 Upper Yarra RSL YARRA JUNCTION Tatts C M 30 463 Vaucluse Hotel RICHMOND Tabcorp H M 31 464 Vegas At Waverley Gardens MULGRAVE Tatts C M 75 465 Veneto Club BULLEEN Tatts C M 90 466 Vermont Football Club WANTIRNA Tabcorp C M 60 467 Vic Inn Williamstown WILLIAMSTOWN Tabcorp C M 60 468 Victoria Hotel (Shepparton) SHEPPARTON Tatts H C 45 469 Victoria on Hyde Hotel YARRAVILLE Tabcorp H M 24 470 Victorian Tavern GISBORNE Tabcorp H C 42 471 Village Belle Hotel ST KILDA Tabcorp H M 20 472 Village Green Hotel MULGRAVE Tabcorp H M 79 473 Vine Hotel Richmond RICHMOND Tatts H M 26 474 Waltzing Matilda Hotel SPRINGVALE Tabcorp H M 80 475 Wangaratta Club WANGARATTA Tabcorp C C 25 476 Wangaratta RSL WANGARATTA Tatts C C 32 477 Wantirna Club WANTIRNA Tatts C M 77 478 Warragul Club WARRAGUL Tabcorp C C 80 479 Warragul Country Club WARRAGUL Tatts C C 45 480 Warrnambool Bowls Club WARRNAMBOOL Tabcorp C C 45 481 Warrnambool Football Club Social Club WARRNAMBOOL Tabcorp C C 51 482 Warrnambool RSL WARRNAMBOOL Tatts C C 24 483 Watergardens Hotel TAYLORS LAKES Tabcorp H M 70 484 Waterloo Cup Hotel MOONEE PONDS Tabcorp H M 70 485 Watsonia RSL WATSONIA Tatts C M 83 486 Waurn Ponds Hotel Motel WAURN PONDS Tabcorp H C 35 487 Waverley RSL Club GLEN WAVERLEY Tatts C M 67 488 Werribee Bowling Club WERRIBEE Tabcorp C M 19 489 Werribee Plaza Tavern WERRIBEE Tabcorp H M 80 490 Werribee RSL WERRIBEE Tatts C M 60 491 West Bendigo Sports & Entertainment Centre – GOLDEN SQUARE Tabcorp C C 75 Bendigo Stadium 492 West Heidelberg RSL WEST HEIDELBERG Tabcorp C M 31 493 West Side Tabaret HORSHAM Tabcorp C C 34 494 Westend Market Hotel SUNSHINE Tatts H M 88 495 Westernport Hotel HASTINGS Tatts H M 40 496 Westmeadows Tavern WESTMEADOWS Tatts H M 42 497 Westside Taverner LAVERTON NORTH Tabcorp H M 70 498 Wheelers Hill Hotel WHEELERS HILL Tabcorp H M 50 499 White Eagle House BREAKWATER Tabcorp C C 35 500 Whittlesea Bowls Club WHITTLESEA Tabcorp C M 40 501 Williamstown RSL WILLIAMSTOWN Tatts C M 42 502 Windermere Hotel KANGAROO FLAT Tatts H C 40
127 Appendix 7 continued
Gaming Venues as at 30 June 2009 (continued)
Gaming Club/ Metro/ EGM Venue Name Location Operator Hotel Country No. * 503 Wodonga Hotel WODONGA Tatts H C 80 504 Wonthaggi Club WONTHAGGI Tabcorp C C 58 505 Wonthaggi Golf Club WONTHAGGI Tabcorp C C 15 506 Wonthaggi Workmen’s Club WONTHAGGI Tatts C C 55 507 Yallourn Bowling Club NEWBOROUGH Tabcorp C C 23 508 Yarra Valley Country Club BULLEEN Tabcorp C M 100 509 Yarraville Club YARRAVILLE Tatts C M 78 510 Yarraville Club Cricket Club MAIDSTONE Tabcorp C M 76 511 Yarraville-Footscray Bowling Club SPOTSWOOD Tabcorp C M 29 512 York on Lilydale Taverner Resort MT EVELYN Tatts H M 72 513 Young & Jacksons Hotel MELBOURNE Tatts H M 0 514 Zagame Boronia BORONIA Tabcorp H M 80 515 Zagame’s Ballarat Club Hotel BALLARAT Tabcorp C C 105 516 Zagame’s Brunswick Club Hotel BRUNSWICK Tabcorp H M 50 517 Zagame’s Caulfield Club Hotel CAULFIELD EAST Tabcorp H M 100 Total: 26,772
* Number of electronic gaming machines licensed to operate.
128 Appendix 8
Registered Bookmakers as at 30 June 2009 Sole Trader Last Name Given Name(s) Last Name Given Name(s)
ADAMS Graham Geoffrey DORRINGTON Joanne May ALLARDICE Craig William DOUGHERTY Steven James ARCHBOLD Ian William DOUGHTY Anthony John ASH Stephen Robert DOW John Brendan ATCHISON Mark Anthony DOW Anthony AVDULLA Peter DOW John Patrick BAKER Adam John DUSTING Robert Leslie BAKER Barry William ELLIOTT Maxwell George BARBER Peter Robbie ELLIOTT Wayne Kenneth BARKER Alan Maxwell ENGELLENER Greg John BEASLEY Jeffree John ERHARDT Reginald Martin BEAVER Walter Frederick ESKANDER Lisa BELL Arthur Kevin ESKANDER Alan James BELL Alexander Stewart ESKANDER Michael BICKERTON Paul Anthony FILGATE Mark Jonathan BICKERTON Deirdre Elizabeth FITT Gerard Robert BON Peter Noel FITZPATRICK Gary Michael BOWLES Alec FOY Daryl John BREN Brian John GALVAN Sharon Lee BRILLIANT Ian GALVAN Danny Albert BROWN Peter Smalbroke GILHAM Darren Paul BULL John Alan GIRKE Paul BURKE John Daniel GLEESON Damian John BYRNE Brian Francis GORDON Stuart Francis BYRNE Michael Kevin GRAHAM Noel Ross CAMPAGNA Ernest Anthony GRAHAM William Gerard CARVILL Jason Matthew GREEN John Charles CHALMERS Timothy William GRINDAL Brett Anthony CLEARY Brendan Allen HAHNEL Geoffrey Oswald CLEARY Rodney Allen HARRAK Michael CLEARY Lyndon Allen HART Kevin Francis COLLINS Keith Alfred HAY Wayne Reginald CONNOLLY Terence Richard HOLDERHEAD Murray David CONOLE John Lawrence HSU Lyndon Mark CORONICA Giuseppe HUDSON Frank Norman COSTER Peter Graham HUNTER William Edward Hugh COSTER Siobhan Nellie HUMPHRIES Ian James COX David Charles HYLAND Geoffrey Thomas CRAMP Michael John JOHNSON Paul Antoney CRIMMINS Daniel Thomas JONES Adrian Donald CROWE Carly Elizabeth KAFATARIS Con Peter DALTON Barry Francis KAY Geoffrey William DE CAMPO Michael KEAYS Kevin Robert DE CAMPO Mark Sebastian KENNEDY James Grant DONALD Geoffrey Charles KENNEDY Alistair James DORRINGTON John Albert KENNEDY Kasie Anne
129 Appendix 8 continued
Registered Bookmakers as at 30 June 2009 (continued) Sole Trader (continued) Last Name Given Name(s) Last Name Given Name(s)
KERR Brian Thomas RICHARDS Peter Gregory KERR Calvin James ROBERTSON Angus Sinclair KILLIAN Eric Leslie ROWLANDS Jeffrey Hugh Dalton KILMARTIN David John ROWLANDS John William Dalton KING Alfred Norman RYAN Garry Terrence KING Andrea Therese SABER Mark Kenneth LEYDEN Desmond James SABER Kevin Patrick LUCAS Michael George SAMPIERI Graeme Charles LYNN Steven Thomas SAMPIERI Anita MA Winnie SAMPIERI Mark Anthony MA Victor King He SCHULTZ Kevin John MACAULEY Douglas Malcolm SCHWARZ Alan Gerald MACCIOTTA Richard SCHWARZ Rick Charlton MACLEOD Ian Robert SHORT Norman Douglas MANN Brian Charles SIMKIN Douglas Bruce MANNING Maxwell Henry SLATER Neil Andrew MANSOUR Gavin Anthony SMEATON John Maurice MARANTELLI Edward Peter STARR Philip John MARANTELLI Mark Anthony STILES Peter MARANTELLI Gavin Patrick STOIOS Stephen David MARSHMAN Kenneth Sydney SWANNIE Raymond John MCCUTCHEON Campbell Raymond SYLVESTER Jason Mark MCGOWAN Rodger Geoffrey TAYLOR Ian Wayne MCGRATH Damien Joseph THOMAS Garry Raymond MCGRATH Amy Judith THOMPSON David Alan MCHENRY Stephen Graeme TIDDY Peter Winston MCHENRY Dustin Tim TODD Adrian John MCHENRY Graeme Alfred VEALE Jack MCKAY John Leslie Donald WADDELL Denis Francis MCLAUCHLAN Leah - Jane WALKER John Lee MCLAUCHLAN David Ian WALLACE Haydn John MILES Geoffrey Stephen WALSH John Stewart MONTGOMERY Leslie Robert WALSH Kevin John MUSGROVE Gregory John WARD Kevan Raymond MUSOLINO Bruno Anthony WATERHOUSE Thomas Robert NORRIS Charles Herbert WATTS Fred Richard John NOTT Philip John WHITING Edward Thomas NOTT Craig David WILLIAMS Gerald Neil O’BRIEN Brian Patrick WOODS Ralph Gordon OKE Norman Leonard WRIGHT Marie Therese PARK Neil John WRIGHT Roger Thomas PARKES Craig William PETERSON Paul PETRAC Anthony Steven QUINN Raymond READ Kathryn Louise
130 Approved Partnership Name Members – Last Name Members – Given Name(s) BELL/MANNING BELL Alex MANNING Max BOOLBET SPORTS AND RACING ATCHISON Mark Anthony LUCAS Michael George BT & CJ KERR KERR Brian KERR Calvin D & S GALVAN GALVAN Danny GALVAN Sharon ELLIOTT BETTING SERVICES ELLIOTT Max ELLIOTT Wayne FLEMINGTON SPORTSBET SHORT Norm SYLVESTER Jason FONEBET SCHWARZ Alan SCHWARZ Rick G & M SAMPIERI SAMPIERI Graeme SAMPIERI Mark GALLOP BET HSU Lyndon SAMPIERI Anita GEE GEE RACING GILHAM Darren GRINDAL Brett JO & JOHN DORRINGTON DORRINGTON Joanne DORRINGTON John JW & JH ROWLANDS ROWLANDS Jeffrey ROWLANDS John K & M SABER SABER Kevin SABER Mark KINGBET KING Alf KING Andrea LE & GM FITZPATRICK FITZPATRICK Gary LUCKY BET BAKER Adam HYLAND Geoff LYNN & CRIMMINS CRIMMINS Daniel LYNN Steven MCGRATH & MCGRATH MCGRATH Amy MCGRATH Damien M & M DE CAMPO DE CAMPO Mark DE CAMPO Michael NOTT & BREN NOTT Craig David NOTT Philip John P & D BICKERTON BICKERTON Dierdre BICKERTON Paul R & M WRIGHT WRIGHT Marie WRIGHT Roger SUREBET ASH Stephen MCHENRY Stephen VICTOR MA & COMPANY MA Victor MA Winnie YOUR BEST BET DONALD Geoff CRAMP Michael
131 Appendix 8 continued
Registered Bookmakers as at 30 June 2009 (continued) Corporation Name
ALAN ESKANDER BOOKMAKING PTY LTD
KENSON PTY LTD
TURF ACCOUNTANTS PTY LTD
WINBET (AUST) PTY LTD
132 Appendix 9
Bingo Centres and Commercial Raffle Organisers as at 30 June 2009
Bingo Centres Bingo Centre Name Location
Aspendale Edithvale RSL Bingo Centre EDITHVALE Ballarat Bingo Centre BALLARAT Bingo City ALTONA NORTH Broadway Bingo Centre RESERVOIR Carrum Gardens Bingo Centre CARRUM DOWNS Clayton Bingo Centre CLAYTON SOUTH Community Bingo Centre BENDIGO Dorset Gardens Bingo Centre CROYDON Fawkner Bingo Centre FAWKNER Fountain Gate Bingo Centre NARRE WARREN Gladstone Park Bingo Centre GLADSTONE PARK Mornington Peninsula Bingo Centre MORNINGTON Northern Bingo Centre BRUNSWICK Prahran Bingo Centre PRAHRAN Raiders Bingo Centre BREAKWATER Shepparton Bingo Centre SHEPPARTON St Albans Bingo Centre ST ALBANS The Palais Bingo Centre GEELONG Werribee Plaza Bingo Centre HOPPERS CROSSING Western Suburbs Bingo Centre MAIDSTONE
Commercial Raffle Organisers
Communication Direct Pty Ltd Level 1, 108-112 Johnston Street COLLINGWOOD VIC 3066 Levac Pty Ltd 4th Floor, 11 Queens Road MELBOURNE VIC 3004
S.O. Asher Consultants Pty Ltd C/- Pilot Partners Level 5, 175 Eagle Street BRISBANE QLD 4000
Apple Marketing Group Pty Ltd Level 12, 42 Marine Parade SOUTHPORT QLD 4215
Contact Centres Australia Pty Ltd Level 5, 241 Commonwealth Street SURRY HILLS NSW 2010
133 Appendix 10
Licensing Activities
Licence or Approval Type 2007–2008 2008–2009 Gaming industry employee Issued New 2,808 2,492 Renewal 282 892 Replacement 940 656 Refused 38 36 Appealed 6 7 Appeal granted 3 7 Appeal rejected 1 2 Appeal pending 2 0 Casino special employee Issued New 472 806 Renewal 75 243 Replacement 112 113 Upgrade 71 45 Refused 2 0 Appealed 1 0 Appeal granted 1 0 Appeal rejected 0 0 Casino operator New associate 29 1 Gaming operator New associate 37 16 Venue operator Issued New 20 12 Renewal 68 154 New nominee 122 198 New associate 425 354 Amendment 114 26 Endorsement 10 3 Refused 0 1 24-hour gaming applications Approved 0 0 Refused 0 0 Bookmakers* Issued Sole Traders N/A 3 Corporate N/A 0 Partnerships N/A 1 New nominee N/A 2 Refused N/A 0 Bookmaker key employees* Issued New N/A 8 Renewal N/A 0 Replacement N/A 6 Refused N/A 0 Appealed N/A 0
Note: * Registrations and approvals granted since 1 January 2009 when the VCGR assumed responsibility for bookmaker registrations
134
Licence or Approval Type 2007–2008 2008–2009 Bingo centre operator Issued New 3 0 Renewal 0 2 New nominee 3 2 New associate 1 1 Amendment 0 0 Refused 0 0 Withdrawn by applicant 0 0 Appealed 0 0 Appeal granted 0 0 Controlled contracts Issued New 3 1 Variations 0 0 Exemptions 0 0 Roll of Manufacturers, Suppliers and Testers Issued New 0 1 New associate 23 45 Refused 0 0 Voluntary removal 2 0 Premises approval Issued New 3 4 Refused 2 0 Minor gaming permits Issued Raffles 316 312 Bingo 173 313 Lucky Envelopes 193 351 Fundraising functions 122 239 Amendments 194 214 Refused 2 0 Trade promotion lottery permits Issued New 4,052 3,483 Amendments 993 786 Refused 5 3 Declaration of community or Issued 241 587 charitable organisation Refused 18 0 Revoked 0 0 Appealed 0 0 Appeal rejected 0 0 Reviewed 38 22
135 Appendix 11
Number of Active Licences at 30 June 2008 and 30 June 2009
There has been a decline in the number of gaming industry employee licence holders during the 2008–2009 year, which is the first full year in which 10 year licences fell due for renewal, beginning in March 2008. Renewal was not sought for most of the licences that fell due for renewal.
Category 2008 2009 Casino special employee 3,401 3,644 Gaming industry employee 47,544 43,076 Total 50,945 46,720
136 Appendix 12
Roll of Manufacturers, Suppliers and Testers as at 30 June 2009
Ainsworth Game Technology Limited I.G.T. (Australia) Pty Ltd 10 Holker Street, 1 Rosebery Avenue, Newington, New South Wales AUSTRALIA 2128 Rosebery, New South Wales, AUSTRALIA 2018
Aristocrat Technologies Australia Pty Ltd Konami Australia Pty Ltd Building A, Pinnacle Office Park, 85 Epping Road, 28-40 Lord Street, North Ryde, New South Wales AUSTRALIA 2133 Botany, New South Wales, AUSTRALIA 2019
B.G.I. Australia Pty Ltd Konami Gaming Australia Pty Ltd c/- KPMG, 10 Shelley Street, 28-40 Lord Street, Sydney, New South Wales, AUSTRALIA 2000 Botany, New South Wales, AUSTRALIA 2019
BMM Australia Pty Ltd Southern Gaming Services Pty Ltd Level 3, 810 Whitehorse Road, 6/25 Stafford Street, Box Hill, Victoria, AUSTRALIA 3128 Huntingdale, Victoria, AUSTRALIA 3166
Bytecraft Systems Pty Ltd Stargames Corporation Pty Ltd 2 Monterey Road, 1 Sheridan Close, Dandenong South, Victoria, AUSTRALIA 3175 Milperra, New South Wales, AUSTRALIA 2214
Enex Pty Ltd Technical Systems Testing Pty Ltd 272 Keilor Road, Level 28, 303 Collins Street, Essendon North, Victoria, AUSTRALIA 3041 Melbourne, Victoria, AUSTRALIA 3000
Global Gaming Industries Pty Ltd Wintech Investments Pty Ltd Unit 3, 19-21 Bourke Road, 6 Monterey Road, Alexandria, New South Wales, AUSTRALIA 2015 Dandenong, Victoria, AUSTRALIA 3175
GTA Pty Ltd WMS Gaming Inc 15-31 Ayliffes Road, 800 South Northpoint Boulevard, St Mary’s, South Australia, AUSTRALIA 5042 Waukegan, Illinois, USA 60085
137 Appendix 13
Responsible Gaming Training Course Providers as at 30 June 2009
Trading as Provider Address Telephone Offers full Offers course? refresher course?
1 Advanced Career St Laurence Community 143 Princes Hwy, (03) 5246 4500 Yes No Training Services Inc Norlane, Vic, 3214 2 Bass Coast Adult Bass Coast Adult Education 239 White Road, (03) 5672 3115 Yes Yes Education Centre Inc Centre Inc Wonthaggi, Vic, 3995 3 Bendigo Stadium Bendigo Stadium Ltd Marong Road, (03) 5440 6200 Yes Yes Training & Assessment Bendigo, Vic, 3550 4 Box Hill Institute of TAFE Box Hill Institute of TAFE 465 Elgar Road, (03) 9286 9222 Yes No Box Hill, Vic, 3128 5 BRACE Education BRACE Education Training 602 Urquhart Street, (03) 5352 3700 Yes Yes Training and Employment and Employment Limited Ballarat, Vic, 3350 Limited 6 Bridson Job Coaching & Bridson Job Coaching & 16 Bridge Street, (02) 6948 3322 Yes Yes Training Pty Ltd Training Pty Ltd Tumbarumba, NSW, 2653 7 Carrick Institute of Carrick Institute of Education 4/246 Bourke Street, (03) 9650 6877 No Yes Education Melbourne Vic, 3000 8 CFT International Pty Ltd CFT International Pty Ltd PO Box 249, 1300 665 633 Yes Yes Warburton, Vic, 3779 9 Chisholm Institute of Chisholm Institute of TAFE 121 Stud Road, (03) 9238 8111 Yes Yes TAFE Dandenong, Vic, 3175 10 Crown Melbourne Crown Melbourne Limited 8 Whiteman Street, (03) 9292 8888 Yes No Limited Southbank, Vic, 8888 11 Diversitat Geelong Ethnic Communities Level 2/77 Yarra Street, (03) 5224 2329 Yes Yes Council Inc Geelong, Vic, 3220 12 Djerriwarrh Employment Djerriwarrh Employment and 239 Station Road, (03) 9743 7100 Yes No and Education Services Education Services Inc Melton, Vic, 3337 Inc 13 East Gippsland Institute East Gippsland Institute of 48 Main Street, (03) 5152 0741 Yes Yes of TAFE TAFE Bairnsdale, Vic, 3875 14 Education Centre Education Centre Gippsland PO Box 249, (03) 5623 6075 Yes Yes Gippsland Warragul, Vic, 3820 15 Gippsland Employment Gippsland Employment 7 Anzac Street, (03) 5127 4544 Yes No Skills Training Inc Skills Training Inc Moe, Vic, 3825 16 GippsTAFE Central Gippsland Institute Corner of Princes Drive (03) 5120 4500 Yes No of TAFE and Monash Way, Morwell, Vic, 3841 17 Gordon Institute of TAFE Gordon Institute of TAFE 2 Fenwick Street, (03) 5225 0500 Yes No Geelong, Vic, 3189 18 Holmesglen Institute of Holmesglen Institute of TAFE 488 South Road, (03) 9209 5938 Yes Yes TAFE Moorabbin, Vic, 3189 19 Hospitality Training Hospitality Training Victoria Level 4, (03) 9639 5551 Yes No Australia Pty Ltd 250 Collins Street, Melbourne, Vic, 3000
138 Trading as Provider Address Telephone Offers full Offers course? refresher course?
20 LP Communications LP Communications Pty Ltd PO Box 1840, (03) 5222 4358 Yes No Pty Ltd Geelong, Vic, 3220 21 Mi Training Mi Training 10 Heidi Court, 1800 792 155 Yes Yes Pakenham, Vic, 3810 22 Murray ACE Murray Adult Community 429 Campbell Street, (03) 5032 3719 Yes No Education – Swan Hill Inc Swan Hill, Vic, 3585 23 Peninsula Training and Peninsula Training and 1/10 Ninth Avenue, (03) 5986 4623 Yes Yes Employment Program Inc Employment Program Inc Rosebud, Vic, 3939 (PTEP Inc) 24 Precise Training Precise Training Australia Level 1, (03) 9761 2772 Yes Yes Pty Ltd 260 Dorset Road, Boronia, Vic, 3155 25 Pub School Iascend TAFE Pty Ltd (in Level 2, 1300 368 883 Yes Yes conjunction with RSG 108 Flinders Street, Consulting) Melbourne, Vic, 3000 26 Security Training College Security Training College Level 1, 1300 308 795 Yes No (previously Australian (previously Amarni 87 Sydney Road, Metropolitan Security Investments Pty Ltd) Coburg, Vic, 3058 (AMS)) 27 Security Training Security Training Solutions 3/855 Ferntree (03) 9562 1906 Yes Yes Solutions Pty Ltd Pty Ltd Gully Road, Wheelers Hill, Vic, 3150 28 Somers Elite Training Peter John Somers Offered throughout (03) 5995 8817 Yes Yes Victoria 29 STEPS Strategic Training & 1st Floor, (03) 9300 2466 Yes Yes Employment Placement 3 Belair Avenue, Pty Ltd Glenroy, Vic, 3046 30 Sunraysia Institute of Sunraysia Institute of TAFE Benetook Avenue, (03) 5022 3666 Yes No TAFE Mildura, Vic, 3500 31 The Good Taste L & M Gelb Consulting Suite 12, (03) 9349 2234 Yes No Company Services Pty Ltd 233 Cardigan Street, Carlton, Vic, 3053 32 Traineeship Advisory Brad Fenby and Associates 1st Floor, (03) 5977 2677 Yes Yes Services Australia Pty Ltd 109 Main Street, Mornington, Vic, 3931 33 Victorian Bar School Complete Hospitality 28 Elizabeth Street, (03) 9654 1554 Yes Yes Training (Vic) Pty Ltd Melbourne, Vic, 3000
34 William Angliss Institute William Angliss Institute of 555 La Trobe Street, (03) 9606 2111 Yes Yes of TAFE TAFE Melbourne, Vic, 3000
35 Wodonga Institute of Wodonga Institute of TAFE 87 McKoy Street, West (02) 6055 6600 Yes No TAFE Wodonga, Vic, 3690
139 Appendix 14
Community Benefit Statements – Summary of the Total Claims made by Club Gaming Venues
This report shows information for Community Benefit Statements lodged in 2008–2009 which contained data showing community benefits claimed for the 2007–2008 financial year. The community benefits claimed have been based on the determination of 24 June 2003 made by the then Acting Minister, The Hon Andre Haermeyer MP. See Appendix 3 of this report for details.
Number of Community Benefit Statements lodged 275
$m Net Gaming Revenue (‘NGR’) for the financial year 2007–2008 916
Total Community Benefit Amounts Claimed by Category
Category $’000 1 Employment Expenses 127,901 2 Gifts of Funds 5,521 3 Sponsorships 2,493 4 Gifts of goods to the community 807 5 Voluntary services provided to the community 14,966 6 Volunteer expenses 496 7 Activities subsidised 10,112 8 Fixed assets provided 33,277 9 Direct and indirect costs 28,002 Total 223,575
Percentage of NGR claimed for community purposes 24.42%
140 Appendix 15
Gambling Player Loss and Taxes and Levies Payable 2008–2009
For the year ended 30 June 2009, player loss in its various forms within Victoria amounted to $5,109.9 million and taxes and levies payable amounted to $1,647.6 million, made up as follows*:
Source Player Loss Taxes and Levies $m $m Gaming Machines – Hotels and Clubs 2,707.3 892.5 Health Benefit Levy - 127.0 Sub-Total – Gaming Taxes 2,707.3 1,019.5 Casino – Gaming Machines and Table Games 1,218.3 136.4 Wagering – racing (totalisator), football, Trackside and sports betting 729.4 133.4 Lotteries** 448.3 356.7 Club Keno 6.6 1.6 Total 5,109.9 1,647.6
Taxation rates applicable to the above expenditure include:
Gaming Machines – Hotels and Clubs • Tabcorp Hotels and Clubs Gaming Tax 24.24% of player loss • Tattersall’s Hotels and Clubs Gaming Tax 31.24% of player loss • Community Support Fund Tax (Hotels only) 8.33% of player loss • Health Benefit Levy (per gaming machine) $4,333.33
Casino – Gaming Machines and Table Games • General Player Casino Tax 21.25% of player loss • Commission Based Player Tax (Tables only) 9.00% of player loss • Community Benefit Levy (all players) 1.00% of player loss • Health Benefit Levy (per gaming machine) $4,333.33 • ‘Super’ Tax***
* These figures may not necessarily match corresponding figures in the Financial Statements due to a different reporting basis and different categorisation. ** Previously reported data includes player loss and taxes received from interstate and overseas jurisdictions. For comparison with previous reports, the total player loss and taxes received for 2008–2009 were $502.2 million and $399.8 million respectively. *** Scaled tax rate, applied at the conclusion of the year, to gaming revenue in excess of a calculated base amount as set out in section 22.2 of Schedule 1 to the Casino (Management Agreement) Act 1993.
141 Appendix 15 continued
Gambling Player Loss and Taxes and Levies Payable 2008–2009 (continued)
Wagering • Totalisator (pari-mutuel) Betting 19.11% of player loss • Approved Betting Competitions 19.11% of player loss
Fixed Odds • Fixed Odds Sportsbet and Trackside Wagering 10.91% of player loss
Lotteries • Public Lottery Tax (Australian Sales) 79.40% of player loss • Public Lottery Tax (Overseas Sales) 90.00% of player loss • Soccer Pools Gaming Tax (Australian Sales) 57.52% of player loss • Soccer Pools Gaming Tax (Overseas Sales) 68.00% of player loss
Club Keno • Gaming Tax 24.24% of player loss
142 Appendix 16
Distribution of Taxes from Gambling
Product Tax rate Application Public lotteries – 79.40% of player loss (local sales) Paid into Consolidated Fund and then • Saturday Night Lotto 90.00% of player loss (overseas sales) 100% redirected to the Hospitals and Charities Fund and Mental Health Fund in • Monday/Wednesday Lotto GRA 5.4.3.(2)(c) • Oz Lotto proportions determined by the Treasurer • Powerball GRA 5.4.6 • Super 66 • Lucky Tix (scratchies) • Lucky Keno • Lucky Lines • Lucky 3 • Lucky 5 Red or Black • Lucky Bingo Star Public lotteries – 57.52% of player loss (local sales) Paid into Consolidated Fund and then • Soccer pools 68.00% of player loss (overseas sales) 100% redirected to the Hospitals and GRA 5.4.3(2)(b) Charities Fund and Mental Health Fund in proportions determined by the Treasurer. GRA 5.4.6. Wagering – 19.11% of player loss Paid into Consolidated Fund and then • Pari mutuel betting GRA 4.6.3(1) 100% redirected to the Hospitals and Charities Fund. GRA 4.6.8 Wagering – 19.11% of player loss Paid into Consolidated Fund and then • Approved betting competitions GRA 4.6.3(1) 100% redirected to the Hospitals and Charities Fund. GRA 4.6.8 Fixed Odds – 10.91% of player loss Paid into Consolidated Fund and then • Sportsbet competitions GRA 4.6.6(1) 100% redirected to the Hospitals and Charities Fund. GRA 4.6.8 Fixed Odds – 10.91% of player loss Paid into Consolidated Fund and then • Trackside GRA 4.6.6(1) 100% redirected to the Hospitals and Charities Fund. GRA 4.6.8 Gaming Machines – (in hotels and clubs) 24.24% of player loss Paid into Consolidated Fund and then • Tattersall's and Tabcorp GRA 3.6.6(2) 100% redirected to the Hospitals and Charities Fund and Mental Health Fund in proportions determined by the Treasurer Gaming Machines – (in hotels and clubs) 7.00% of player loss Paid into Consolidated Fund • Tattersall's only Additional Tax for holder of Gaming Operator's Licence under GRA 3.6.7 Gaming Machines – (in hotels only) 8.33% of player loss Paid into Consolidated Fund and then • Tattersall’s and Tabcorp GRA 3.6.6(2)(c) 100% redirected to the Community Support Fund
Gaming Machines – (in hotels and clubs) $4,333.33 per gaming machine Paid into Consolidated Fund and then • Tattersall’s and Tabcorp Health Benefit Levy 100% redirected to the Hospitals and GRA 3.6.3(1) Charities Fund
143 Appendix 16 continued
Distribution of Taxes from Gambling (continued)
Product Tax rate Application For cost of supervision of public lotteries Amount determined by the Treasurer Paid into Consolidated Fund licensees (Tattersall’s and Intralot); calculated after taking advice from wagering licensee (Tabcorp), gaming the Minister for Gaming on the cost of licensee (Tabcorp), gaming operator supervision by the VCGR licensee (Tattersall’s); interactive gaming GRA 4.6.7 (Wagering and Gaming licensee (nil). Defined in legislation as licensee); a tax. GRA 5.4.2 (Public Lotteries licensees); GRA 3.6.5 (Gaming Operator licensee) Casino – 21.25% of player loss Paid into Consolidated Fund • gaming machines (all players) CMAA Sch 1, 22.1(b)(ii) Casino – 21.25% of player loss Paid into Consolidated Fund • table games (local players) CMAA Sch 1, 22.1(b)(ii) Casino – 1.00% of player loss Paid into Consolidated Fund and then • gaming machines and table games Community Benefit Levy 100% redirected to the Hospitals and (all players) CMAA Sch 1, 22.1(d) Charities Fund Casino – 9.00% of player loss Paid into Consolidated Fund • table games (Commission Based CMAA Sch 3, 22A.1(a) Players)
Casino – $4,333.33 per gaming machine Paid into Consolidated Fund and then • gaming machines Health Benefit Levy 100% redirected to the Hospitals and CCA 114A Charities Fund Casino – Additional tax on sliding scale from 1% Paid into Consolidated Fund • Super tax to 20% on gross gaming revenue (player loss) from all sources if over $880 million per annum (adjusted for CPI) Club Keno 24.24% of player loss Paid into Consolidated Fund and then GRA 6.3.2 (2)(a) 100% redirected to the Hospitals and Charities Fund and Mental Health Fund in proportions determined by the Treasurer GRA 6.3.3.
Note: In this table – GRA = Gambling Regulation Act 2003; CCA = Casino Control Act 1991; CMAA = Casino (Management Agreement) Act 1993
144 Appendix 17
Player Loss from Gaming Machines – Statistical Data Fact Sheet Historical Data
Date Adult No. of No. of Net EGM Average No. Average No. Average Net Population * Venues ** EGMs Expenditure*** EGMs per Adults per EGM Expenditure 1,000 Adults Venue per Adult $ $ 30 June 2000 3,531,882 536 27,408 2,170,581,995 7.76 6,589 615 30 June 2001 3,572,889 537 27,444 2,366,016,584 7.68 6,653 662 30 June 2002 3,679,669 534 27,400 2,562,820,950 7.45 6,891 696 30 June 2003 3,720,628 532 27,260 2,334,294,514 7.33 6,994 627 30 June 2004 3,816,854 530 27,132 2,290,929,976 7.11 7,202 600 30 June 2005 3,870,537 523 27,124 2,393,030,966 7.01 7,401 618 30 June 2006 3,946,972 521 27,147 2,472,451,853 6.88 7,576 626 30 June 2007 4,016,568 522 27,279 2,543,175,356 6.79 7,695 633 30 June 2008 4,096,774 520 26,797 2,611,507,885 6.54 7,875 638
Most Recent Year Data 30 June 2009 4,173,152 515 26,772 2,707,278,436 6.42 8,103 649
* The adult population projections are sourced from Victoria in Future 2008, Department of Planning and Community Development. Please note that the 2006, 2007 and 2008 figures have been revised to reflect new projections derived from 2006 Census data. ** Only licensed venues with electronic gaming machines (‘EGMs’) are reported in this table. Licensed venues with zero EGMs have been excluded from the total number of venues for each year so that they are not included when formulating the above averages. *** Net EGM expenditure is the total amount lost by players.
145 Appendix 18
Distribution of Player Loss from Gaming Machines
Tatts Gaming Machines Distribution Hotels (%) Clubs (%) Victorian Government Consolidated Revenue 24.24 24.24 Community Support Fund 8.33 0.00 Licence Fee * 7.00 7.00 Sub-total 39.57 31.24 Payment to ATO (‘GST’) ** 9.09 9.09 Tatts # 23.84 # 23.01 plus GST input credit refund *** 2.50 *** 3.33 Sub-total 26.34 26.34 Venue Operator (hotel or club) 27.50 36.66 less GST payment *** (2.50) *** (3.33) Sub-total 25.00 33.33 Total 100.00 100.00
Tabcorp Gaming Machines Distribution Hotels (%) Clubs (%) Victorian Government Consolidated Revenue 24.24 24.24 Community Support Fund 8.33 0.00 Licence Fee 0.00 0.00 Sub-total 32.57 24.24 Payment to ATO (‘GST’) ** 9.09 9.09 Tabcorp # 30.84 # 30.01 plus GST input credit refund *** 2.50 *** 3.33 Sub-total 33.34 33.34 Venue Operator (hotel or club) 27.50 36.66 less GST payment *** (2.50) *** (3.33) Sub-total 25.00 33.33 Total 100.00 100.00
* Tatts pays a licence fee into Consolidated Revenue as a percentage of player loss. Tabcorp paid a lump sum fee at the time of its public float. ** These amounts are paid by the gaming operator to the Australian Taxation Office (‘ATO’) as GST payments and are compensated by reduced State tax. *** These amounts reflect the GST input tax credits paid/refundable between gaming operators and gaming venues, the net result being that the distribution is the same, post-GST, as it was pre-GST. # Effect of rounding.
146 Appendix 19
Representation on Working Parties
The Commission is represented on the following national working parties: Regulators Responsible Gambling Working Party National Assessment Panel – Accredited Testing Facilities Gaming Machine National Standard Working Party Lottery Regulators Working Party Inter-jurisdictional Probity Working Party and Conference Wagering Regulators Working Party Art Union, Raffles and Trade Promotion Lottery Working Party
Note: The Executive Commissioner is also a member and Vice Chairman of the Steering Committee of the International Association of Gaming Regulators.
147 Appendix 20
Commission Whistleblower Procedures
1. Statement of Support for Whistleblowers The Victorian Commission for Gambling Regulation is committed to the aims and objectives of the Whistleblowers Protection Act 2001 (‘the Act’). The Commission does not tolerate improper conduct by its employees, officers or members, nor the taking of reprisals against those who come forward to disclose such conduct.
The Commission recognises the value of transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct involving substantial mismanagement of public resources or conduct involving substantial risk to public health and safety, or to the environment.
The Commission will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to any person who is the subject of a disclosure.
2. Purpose of These Procedures These procedures establish a system for reporting disclosures of improper conduct or detrimental action by the Commission, its employees, members or officers. The system enables such disclosures to be made to the protected disclosure coordinator or to one of the nominated protected disclosure officers.
3. Whistleblower A whistleblower is someone who makes a disclosure about improper or corrupt conduct, or detrimental action by a public body or public official with the view to the matter being investigated and appropriate action being taken.
4. Objects of the Act The Act commenced operation on 1 January 2002. The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies. The Act provides protection to whistleblowers that make disclosures in accordance with the Act, and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.
5. Definitions of Key Terms Three key concepts in the reporting system are improper conduct, corrupt conduct and detrimental action. Definitions of these terms are set out below.
5.1 Improper conduct A disclosure may be made about improper conduct by a public body or public officer.
‘Public officer’ is defined in the Act to include all members, officers and employees of public bodies. ‘Public body’ is defined to include a very wide range of state government, local government and semi-government organisations. The Commission is a public body for the purposes of the Act.
‘Improper conduct’ means conduct that is corrupt, a substantial mismanagement of public resources, or conduct involving substantial risk to public health or safety or to the environment. The conduct must be serious enough to constitute, if proved, a criminal offence or reasonable grounds for dismissal.
5.2 Corrupt conduct ‘Corrupt conduct’ means:
• conduct of any person (whether or not a public officer) that adversely affects the honest performance of a public officer’s or public body’s functions;
• the performance of a public officer’s functions dishonestly or with inappropriate partiality;
• conduct of a public officer, former public officer or a public body that amounts to a breach of public trust;
• conduct by a public officer, former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their official functions; or
• a conspiracy or attempt to engage in the above conduct.
148 5.3 Detrimental action
The Act makes it an offence for a person to take detrimental action against a person in reprisal for a protected disclosure. ‘Detrimental action’ includes:
• action causing injury, loss or damage; • intimidation or harassment; and • discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action.
6. The Reporting System 6.1 Contact persons within the Commission
Disclosures of improper conduct or detrimental action by the Commission, its employees, members or officers, may be made to the following:
The protected disclosure coordinator:
Peter Cohen Executive Commissioner Level 5, 35 Spring Street Melbourne VIC 3000 9651 3118
The protected disclosure officers:
Karen Stewart Senior Inspector, Compliance and Investigation Branch Level 5, 35 Spring Street MELBOURNE VIC 3000 9651 3487
Judith Foreman Manager, Licensing Operation & Policy Branch Level 5, 35 Spring Street MELBOURNE VIC 3000 9651 3430
All correspondence, phone calls and emails from internal or external whistleblowers will be referred to the protected disclosure coordinator.
Where a person is contemplating making a disclosure and is concerned about approaching the protected disclosure coordinator or a protected disclosure officer in the workplace, he or she can call the relevant officer and request a meeting in a discreet location away from the workplace.
149 Appendix 20 continued
6. The Reporting System (continued)
6.2 Alternative contact persons
A disclosure about improper conduct or detrimental action by the Commission, its employees, members or officers, may also be made directly to the Ombudsman:
The Ombudsman Victoria Mr George Brouwer Level 3, 459 Collins Street Melbourne VIC 3000 (DX 210174, Melbourne)
Internet: www.ombudsman.vic.gov.au Email: [email protected]
Telephone: 9613 6222 Toll Free: 1800 806 314
The following table sets out where disclosures about persons and bodies other than the Commission, its employees, members or officers, should be made.
Person who is the subject of the Disclosure Person/body to whom the disclosure must be made
A public body or an employee, officer or member of a public body That public body or the Ombudsman
Member of Parliament (Legislative Assembly) Speaker of the Legislative Assembly
Member of Parliament (Legislative Council) President of the Legislative Council
Councillor The Ombudsman
Chief Commissioner of Police The Ombudsman or Deputy Ombudsman
Member of the police force The Ombudsman, Deputy Ombudsman or Chief Commissioner of Police
7. Roles and Responsibilities 7.1 Employees, members and officers generally Employees, members and officers are encouraged to report known or suspected incidences of improper conduct or detrimental action in accordance with these procedures.
All employees, members and officers of the Commission have an important role to play in supporting those who have made a legitimate disclosure. They must refrain from any activity that is, or could be perceived to be, victimisation or harassment of a person who makes a disclosure. Furthermore, they should protect and maintain the confidentiality of a person they know or suspect to have made a disclosure.
7.2 Protected disclosure officers
Protected disclosure officers will:
• be a contact point for general advice about the operation of the Act for any person wishing to make a disclosure about improper conduct or detrimental action; • make arrangements for a disclosure to be made privately and discreetly and, if necessary, away from the workplace; • receive any disclosure made orally or in writing (from internal and external whistleblowers); • commit to writing any disclosure made orally; • impartially assess the allegation and determine whether it is a disclosure made in accordance with Part 2 of the Act (that is, a ‘protected disclosure’); • take all necessary steps to ensure that the identity of the whistleblower and the identity of any person who is the subject of the disclosure are kept confidential; and • forward all disclosures and supporting evidence to the protected disclosure coordinator.
150 7.3 Protected disclosure coordinator
Under procedures adopted by the Commission, the chief executive officer (i.e. the Executive Commissioner) also performs the functions of protected disclosure coordinator. The protected disclosure coordinator has a central “clearinghouse” role in the internal reporting system. He or she will:
• receive all disclosures forwarded from the protected disclosure officers; • receive all phone calls, emails and letters from members of the public or employees seeking to make a disclosure; • impartially assess each disclosure to determine whether it is a public interest disclosure; • refer all public interest disclosures to the Ombudsman; • be responsible for carrying out, or appointing an investigator to carry out, an investigation referred to the public body by the Ombudsman; • be responsible for overseeing and coordinating an investigation where an investigator has been appointed; • appoint a welfare manager to support the whistleblower and to protect him or her from any reprisals; • advise the whistleblower of the progress of an investigation into the disclosed matter; • establish and manage a confidential filing system; • collate and publish statistics on disclosures made; and • take all necessary steps to ensure that the identity of the whistleblower and the identity of the person who is the subject of the disclosure are kept confidential.
7.4 Investigator
The investigator will be responsible for carrying out an internal investigation into a disclosure where the Ombudsman has referred a matter to the public body. An investigator may be a person from within an organisation or a consultant engaged for that purpose.
7.5 Welfare manager
The welfare manager is responsible for looking after the general welfare of the whistleblower. The welfare manager will:
• examine the immediate welfare and protection needs of a whistleblower who has made a disclosure and seek to foster a supportive work environment; • advise the whistleblower of the legislative and administrative protections available to him or her; • listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for making a disclosure; and • ensure that the expectations of the whistleblower are realistic.
8. Confidentiality The Commission will take all reasonable steps to protect the identity of a whistleblower. Maintaining confidentiality is crucial in ensuring that reprisals are not made against a whistleblower.
The Act requires any person who receives information due to the handling or investigation of a protected disclosure not to disclose that information except in certain limited circumstances. Disclosure of information in breach of section 22 constitutes an offence that is punishable by a maximum fine of 60 penalty units or six months imprisonment or both.
The circumstances in which a person may disclose information obtained about a protected disclosure include:
• where exercising the functions of the public body under the Act; • when making a report or recommendation under the Act; • when publishing statistics in the annual report of a public body; and • in criminal proceedings for certain offences in the Act. However, the Act prohibits the inclusion of particulars in any report or recommendation that are likely to lead to the identification of the whistleblower. The Act also prohibits the identification of any person who is the subject of a disclosure in any particulars included in an annual report.
151 Appendix 20 continued
8. Confidentiality (continued)
The Commission will ensure that all files, whether paper or electronic, are kept in a secure room and can be accessed only by the protected disclosure coordinator, protected disclosure officers, the investigator or welfare manager (in relation to welfare matters). The Commission will not email documents relevant to a whistleblower matter and will ensure that all phone calls and meetings are conducted in private.
9. Receiving and Assessing Disclosures 9.1 Has the disclosure been made in accordance with Part 2 of the Act?
Where a disclosure has been received by the protected disclosure officer or by the protected disclosure coordinator, he or she will assess whether the disclosure has been made in accordance with Part 2 of the Act and is, therefore, a protected disclosure. This includes being satisfied of the following:
• that the disclosure been made to the appropriate person; • That the disclosure contains the essential elements of a protected disclosure; • Where a disclosure is assessed to be a protected disclosure, is it a public interest disclosure.
9.1.1 Has the disclosure been made to the appropriate person?
For the disclosure to be responded to by the Commission, it must concern the Commission or its employee, member or officer. If the disclosure concerns another public body, or an employee, officer or member of another public body, the person who has made the disclosure must be advised of the correct person or body to whom the disclosure should be directed. (See the table at 6.2, above.) If the disclosure has been made anonymously, it should be referred to the Ombudsman. 9.1.2 Does the disclosure contain the essential elements of a protected disclosure? To be a protected disclosure, a disclosure must satisfy the following criteria: • did a natural person (that is, an individual person rather than a corporation) make the disclosure? • does the disclosure relate to conduct of a public body or public officer acting in their official capacity? • is the alleged conduct either improper conduct or detrimental action taken against a person in reprisal for making a protected disclosure? • does the person making the disclosure have reasonable grounds for believing that the alleged conduct has occurred?
Where a disclosure is assessed not to be a protected disclosure, the matter does not need to be dealt with under the Act. The protected disclosure officer will decide how the matter should be responded to in consultation with the protected disclosure coordinator. 9.1.3 Is the disclosure a public interest disclosure? Where the protected disclosure officer or coordinator has received a disclosure that has been assessed to be a protected disclosure, the protected disclosure coordinator will determine whether the disclosure amounts to a public interest disclosure. This assessment will be made within 45 days of the receipt of the disclosure.
In reaching a conclusion as to whether a protected disclosure is a public interest disclosure, the protected disclosure coordinator will consider whether the disclosure shows, or tends to show, that the public body or public officer to whom the disclosure relates: • has engaged, is engaging or proposes to engage in improper conduct in its, his or her capacity as a public body or public officer; or • has taken, is taking or proposes to take detrimental action in reprisal for the making of a protected disclosure.
Where the protected disclosure coordinator concludes that the disclosure is a public interest disclosure, he or she will:
• notify the person who made the disclosure of that conclusion; and • refer the disclosure to the Ombudsman for formal determination as to whether it is indeed a public interest disclosure. Where the protected disclosure coordinator concludes that the disclosure is not a public interest disclosure, he or she will: • notify the person who made the disclosure of that conclusion; and • advise that person that he or she may request the public body to refer the disclosure to the Ombudsman for a formal determination as to whether the disclosure is a public interest disclosure, and that this request must be made within 28 days of the notification.
In either case, the protected disclosure coordinator will make the notification and the referral within 14 days of the conclusion being reached by the public body. Notification to the whistleblower is not necessary where the disclosure has been made anonymously.
152 10. Investigations Where the Ombudsman refers a protected disclosure to the Commission for investigation, the protected disclosure coordinator will appoint an investigator to carry out the investigation. The objectives of an investigation will be: • to collate information relating to the allegation as quickly as possible. This may involve taking steps to protect or preserve documents, materials and equipment; • to consider the information collected and to draw conclusions objectively and impartially; • to maintain procedural fairness in the treatment of witnesses and any person who is the subject of the disclosure; and • to make recommendations arising from the conclusions drawn concerning remedial or other appropriate action. Before commencing an investigation, the protected disclosure coordinator will draw up terms of reference. The terms of reference will set a date by which the investigation report is to be concluded, and will describe the resources available to the investigator to complete the investigation within the time set. The terms of reference will require the investigator to make regular reports to the protected disclosure coordinator who, in turn, is to keep the Ombudsman informed of the general progress. The investigator will prepare an investigation plan for approval by the protected disclosure coordinator. The plan will list the issues to be substantiated and describe the avenues of inquiry. It will address the following issues: • what is being alleged? • what are the possible findings or offences? • what are the facts in issue? • how is the inquiry to be conducted? • what resources are required? At the commencement of the investigation, the whistleblower should be: • notified by the investigator that he or she has been appointed to conduct the investigation; • asked to clarify any matters; and • provide any additional material he or she might have. The investigator will be sensitive to the whistleblower’s possible fear of reprisals and will be aware of the statutory protections provided to the whistleblower. The principles of natural justice will be followed in any investigation of a public interest disclosure. The Commission will have regard to the following issues in ensuring procedural fairness: • any person who is the subject of the disclosure is entitled to know the allegations made against him or her and must be given the right to respond. (This does not mean that the person must be advised of the allegation as soon as the disclosure is received or the investigation has commenced); • if the investigator is contemplating making a report adverse to the interests of any person, that person should be given the opportunity to put forward further material that may influence the outcome of the report and that person’s defence should be fairly set out in the report; • all relevant parties to a matter should be heard and all submissions should be considered; • a decision should not be made until all reasonable inquiries have been made; • the investigator or any decision maker should not have a personal or direct interest in the matter being investigated; • all proceedings must be carried out fairly and without bias. Care should be taken to exclude perceived bias from the process; and • the investigator must be impartial in assessing the credibility of the whistleblower and any witnesses. Where appropriate, conclusions as to credibility should be included in the investigation report.
10.1 Conduct of the investigation The investigator will make contemporaneous notes of all discussions and phone calls, and all interviews with witnesses will be taped. All information gathered in an investigation will be stored securely. Interviews will be conducted in private and the investigator will take all reasonable steps to protect the identity of the whistleblower. Where disclosure of the identity of the whistleblower cannot be avoided, due to the nature of the allegations, the investigator will warn the whistleblower and his or her welfare manager of this probability.
153 Appendix 20 continued
10. Investigations (continued)
10.1 Conduct of the investigation (continued) It is in the discretion of the investigator to allow any witness to have legal or other representation or support during an interview. If a witness requests legal representation, the interview should be suspended for a reasonable time to allow the witness to obtain a lawyer.
10.2 Referral of an investigation to the Ombudsman
The protected disclosure coordinator will make a decision regarding the referral of an investigation to the Ombudsman where, on the advice of the investigator: • the investigation is being obstructed by, for example, the non-cooperation of key witnesses; or • the investigation has revealed conduct that may constitute a criminal offence.
10.3 Reporting requirements
The protected disclosure coordinator will ensure that the whistleblower is kept regularly informed concerning the handling and investigation of a protected disclosure.
The protected disclosure coordinator will report to the Ombudsman about the progress of an investigation.
Where the Ombudsman or the whistleblower requests information about the progress of an investigation, that information will be provided within 28 days of the date of the request.
11. Action Taken After an Investigation 11.1 Investigator’s final report
At the conclusion of the investigation, the investigator will submit a written report of his or her findings to the protected disclosure coordinator. The report will contain:
At the conclusion of the investigation, the investigator will submit a written report of his or her findings to the protected disclosure coordinator. The report will contain: • the allegation(s); • an account of all relevant information received and, if the investigator has rejected evidence as being unreliable, the reasons for this opinion being formed; • the conclusions reached and the basis for them; and • any recommendations arising from the conclusions. Where the investigator has found that the conduct disclosed by the whistleblower has occurred recommendations made by the investigator will include: • the steps that need to be taken by the Commission to prevent the conduct from continuing or occurring in the future; and • any action that should be taken by the Commission to remedy any harm or loss arising from the conduct. This action may include bringing disciplinary proceedings against any person responsible for the conduct, and referring the matter to an appropriate authority for further consideration.
The report will be accompanied by:
• the transcript or other record of any oral evidence taken, including tape recordings; and • all documents, statements or other exhibits received by the investigator and accepted as evidence during the course of the investigation. Where the investigator’s report is to include an adverse comment against any person, that person will be given the opportunity to respond and his or her defence will be fairly included in the report.
The report will not disclose particulars likely to lead to the identification of the whistleblower.
154 11.2 Action to be taken
If the protected disclosure coordinator is satisfied that the investigation has found that the disclosed conduct has occurred, he or she will (acting also in his or her capacity as chief executive officer) decide what action will be taken to prevent the conduct from continuing or occurring in the future. He or she may also decide if action will be taken to remedy any harm or loss arising from the conduct.
The protected disclosure coordinator will provide a written report to the Minister for Gaming, the Ombudsman and the whistleblower setting out the findings of the investigation and any remedial steps taken.
Where the investigation concludes that the disclosed conduct did not occur, the protected disclosure coordinator will report these findings to the Ombudsman and to the whistleblower.
12. Managing the welfare of the whistleblower 12.1 Commitment to protecting whistleblowers
The Commission is committed to the protection of genuine whistleblowers against detrimental action taken in reprisal for the making of protected disclosures. The protected disclosure coordinator is responsible for ensuring that whistleblowers are protected from direct and indirect detrimental action, and that the culture of the workplace is supportive of protected disclosures being made.
The protected disclosure coordinator will appoint a welfare manager for all whistleblowers who have made a protected disclosure. The welfare manager will:
• examine the immediate welfare and protection needs of a whistleblower who has made a disclosure and, where the whistleblower is an employee or officer, seek to foster a supportive work environment; • advise the whistleblower of the legislative and administrative protections available to him or her; • listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for making a disclosure; • keep a contemporaneous record of all aspects of the case management of the whistleblower including all contact and follow-up action; and • discuss with the whistleblower what would be a realistic expectation for the outcome of an investigation of the disclosure. All employees and officers will be advised that it is an offence for a person to take detrimental action in reprisal for a protected disclosure. The maximum penalty is a fine of 240 penalty units or two years’ imprisonment or both. The taking of detrimental action in breach of this provision can also be grounds for making a disclosure under the Act and can result in an investigation.
Detrimental action includes:
• causing injury, loss or damage; • intimidation or harassment; and • discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business (including the taking of disciplinary action).
12.2 Keeping the whistleblower informed The protected disclosure coordinator will ensure that the whistleblower is kept informed of action taken in relation to his or her disclosure, and the time frames that apply. The whistleblower will be informed of the objectives of an investigation, the findings of an investigation, and the steps taken by the Commission to address any improper conduct that has been found to have occurred. The whistleblower will be given reasons for decisions made by the Commission in relation to a protected disclosure. All communication with the whistleblower will be in plain English.
12.3 Occurrence of detrimental action
If a whistleblower reports an incident of harassment, discrimination or adverse treatment that would amount to detrimental action taken in reprisal for the making of the disclosure, the welfare manager will: • record details of the incident; • advise the whistleblower of his or her rights under the Act; and • advise the protected disclosure coordinator of the detrimental action.
155 Appendix 20 continued
12. Managing the welfare of the whistleblower (continued)
12.3 Occurrence of detrimental action (continued) The taking of detrimental action in reprisal for the making of a disclosure can be an offence against the Act as well as grounds for making a further disclosure. Where such detrimental action is reported, the protected disclosure coordinator will assess the report as a new disclosure under the Act. Where the protected disclosure coordinator is satisfied that the disclosure is a public interest disclosure, he or she will refer it to the Ombudsman. If the Ombudsman subsequently determines the matter to be a public interest disclosure, the Ombudsman may investigate the matter or refer it to another body for investigation as outlined in the Act.
12.4 Whistleblowers implicated in improper conduct Where a person who makes a disclosure is implicated in misconduct, the Commission will handle the disclosure and protect the whistleblower from reprisals in accordance with the Act, the Ombudsman’s guidelines and these procedures. The Commission acknowledges that the act of whistleblowing should not shield whistleblowers from the reasonable consequences flowing from any involvement in improper conduct.
Section 17 of the Act specifically provides that a person’s liability for his or her own conduct is not affected by the person’s disclosure of that conduct under the Act. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action.
Acting in his or her capacity as chief executive officer, the protected disclosure coordinator will decide whether disciplinary or other action will be taken against a whistleblower. Where disciplinary or other action relates to conduct that is the subject of the whistleblower’s disclosure, the disciplinary or other action will be taken only after the disclosed matter has been appropriately dealt with.
In all cases where disciplinary or other action is being contemplated, the protected disclosure coordinator (acting in his or her capacity as chief executive officer) must be satisfied that it has been clearly demonstrated that:
• the intention to proceed with disciplinary action is not causally connected to the making of the disclosure (as opposed to the content of the disclosure or other available information); • there are good and sufficient grounds that would fully justify action against any non-whistleblower in the same circumstances; and • there are good and sufficient grounds that justify exercising any discretion to institute disciplinary or other action. The protected disclosure coordinator will thoroughly document the process, including recording the reasons why the disciplinary or other action is being taken, and the reasons why the action is not in retribution for the making of the disclosure. The protected disclosure coordinator will clearly advise the whistleblower of the proposed action to be taken, and of any mitigating factors that have been taken into account.
13. Management of the person against whom a disclosure has been made The Commission recognises that employees or officers against whom disclosures are made must also be supported during the handling and investigation of disclosures. The Commission will take all reasonable steps to ensure the confidentiality of the person who is the subject of the disclosure during the assessment and investigation process. Where investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of the investigation, and the identity of any person who is the subject of the disclosure will remain confidential.
The protected disclosure coordinator will ensure that any person who is the subject of any disclosure investigated by or on behalf of a public body is:
• informed as to the substance of the allegations; • given the opportunity to answer the allegations before a final decision is made; • informed as to the substance of any adverse comment that may be included in any report arising from the investigation; and has • his or her defence set out fairly in any report. Where the allegations in a disclosure have been investigated, and any person who is the subject of the disclosure is aware of the allegations or the fact of the investigation, the protected disclosure coordinator will formally advise any such person of the outcome of the investigation.
The Commission will give its full support to a person who is the subject of a disclosure where the allegations contained in a disclosure are clearly wrong or unsubstantiated. If the matter has been publicly disclosed, the protected disclosure officer (acting in his or her capacity as chief executive officer) will consider any request by that person to issue a statement of support setting out that the allegations were clearly wrong or unsubstantiated. 156 14. Criminal Offences The Commission will ensure that officers appointed to handle protected disclosures and all other employees and officers are aware of the following offences created by the Act: a. it is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units or two years imprisonment or both. b. it is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure without legislative authority. The Act provides a maximum penalty of 60 penalty units or six months imprisonment or both. c. it is an offence for a person to obstruct the Ombudsman or any other person in the exercise of his or her powers under the Act. The Act provides a maximum penalty of 240 penalty units or two years imprisonment or both. d. it is an offence for a person knowingly to provide false information under the Act with the intention that it be acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units, two years imprisonment or both.
15. Collating and Publishing Statistics The protected disclosure coordinator will establish a secure register to record the information required to be published in the annual report, and generally to keep account of the status of whistleblower disclosures. The register will be confidential and will not record any information that may identify the whistleblower. The register will contain the following information: • the number and types of disclosures made to the public body during the year; • the number of disclosures referred to the Ombudsman for determination as to whether they are public interest disclosures; • the number and types of disclosed matters referred to the public body by the Ombudsman for investigation; • the number and types of disclosures referred by the public body to the Ombudsman for investigation; • the number and types of investigations taken over from the public body by the Ombudsman; • the number of requests made by a whistleblower to the Ombudsman to take over an investigation by the public body; • the number and types of disclosed matters that the public body has declined to investigate; • the number and types of disclosed matters that were substantiated upon investigation and the action taken on completion of the investigation; and • any recommendations made by the Ombudsman that relate to the public body.
16. Review These procedures will be reviewed annually to ensure that they meet the objectives of the Act and accord with the Ombudsman’s guidelines.
157 Appendix 21
Staff Profile by Position 2008–2009
In accordance with Financial Reporting Direction 29, these tables exclude all statutory appointees including the Accountable Officer (Executive Commissioner), part-time statutory appointments of the Chair and Deputy Chair of the VCGR, two Sessional Commissioners and three additional Commissioners appointed to perform the VCGR functions relating to the licence awarding phase of the Gambling Licences Review being conducted by the Department of Justice.
Full Time Equivalent (‘FTE’) by Employment Status
Fixed Term Ongoing & Casual Total Employees as at 30 June 2009 134.52 31.23 165.75 Employees as at 30 June 2008 126.12 3.47 130.59
Full Time Equivalent (‘FTE’) for Employment Status by Gender and Age
Employees as at 30 June 2009 Employees as at 30 June 2008 Fixed Term Fixed Term Ongoing & Casual Total Ongoing & Casual Total Gender Male 81.00 12.63 93.63 79.00 1.40 80.40 Female 53.52 18.60 72.12 48.12 2.07 50.19 Total 134.52 31.23 165.75 127.12 3.47 130.59 Age < 25 7.00 6.00 13.00 7.00 0.67 7.67 25-34 19.20 9.00 28.20 16.00 2.00 18.00 35-44 21.40 8.00 29.40 24.20 0.40 24.60 45-54 50.52 7.00 57.52 52.52 0.00 52.52 55-64 33.40 1.23 34.63 24.40 0.40 24.80 Over 64 3.00 0.00 3.00 3.00 0.00 3.00 Total 134.52 31.23 165.75 127.12 3.47 130.59
Full Time Equivalent (‘FTE’) for Employment Status by Classification
Employees as at 30 June 2009 Employees as at 30 June 2008 Fixed Term Fixed Term Classification Ongoing & Casual Total Ongoing & Casual Total VPS 1 1.00 1.00 2.00 1.00 0.40 1.40 VPS 2 20.60 8.00 28.60 22.60 1.67 23.27 VPS 3 48.52 15.60 64.12 47.32 0.00 48.32 VPS 4 15.60 4.00 19.60 12.60 1.00 13.60 VPS 5 26.00 0.00 26.00 26.00 0.00 26.00 VPS 6 18.80 2.63 21.43 12.60 0.40 13.00 STS * 0.00 0.00 0.00 0.00 0.00 0.00 EO ** 4.00 0.00 4.00 5.00 0.00 5.00 Total 134.52 31.23 165.75 127.12 3.47 130.59
* Senior Technical Specialist ** Executive Officer
158 Appendix 22
Other Information Available on Request to the Relevant Minister, Members of Parliament and the Public* The following are prepared and available:
• a statement that declarations of pecuniary interests have been duly completed by all relevant officers; • details of shares held by a senior officer as nominee or held beneficially in a statutory authority or subsidiary; • details of publications produced by the entity about the entity and the places where the publications can be obtained; • details of changes to prices, fees, charges, rates and levies charged by the entity; • details of major external reviews carried out on the entity; • details of research and development activities; • details of major promotional, public relations and marketing activities undertaken by the entity to develop community awareness of the entity and the services it provides; • details of assessments and measures undertaken to improve the occupational health and safety of employees; • a general statement on industrial relations within the entity and details of time lost through industrial accidents and disputes; and • a list of major committees sponsored by the entity, the purposes of each committee and the extent to which the purposes have been achieved.
* Subject to any applicable freedom of information requirements.
159 Appendix 23
Disclosure Index
The Annual Report of the Commission is prepared in accordance with all relevant Victorian legislation. This index has been prepared to facilitate identification of the Commission’s compliance with statutory disclosure requirements.
Legislation Requirement Page
Ministerial Directions
Report of Operations – FRD Guidance
Charter & Purpose FRD 22A Manner of establishment and the relevant Minister 8 FRD 22A Objectives, functions, powers and duties 9–10 FRD 22A Nature and range of services provided Part 2
Management & Structure
FRD 22A Organisational structure 12–14
Financial & Other Information
FRD 22A Operational and budgetary objectives and performance against objectives 54 FRD 22A Employment and conduct principles 50 FRD 22A Occupational health and safety 48 FRD 29 Workforce data disclosures 48, 158 FRD 15A Executive officer disclosures 49, 89 FRD 22A Summary of the financial results for the year 55–58 FRD 22A Significant changes in financial position during the year 55–58 FRD 22A Major changes or factors affecting performance 56 FRD 22A Subsequent events 56, 89 FRD 22A Application and operation of the Freedom of Information Act 1982 47 FRD 22A Compliance with building and maintenance provisions of the Building Act 1993 51 FRD 22A Application and operation of the Whistleblowers Protection Act 2001 47 FRD 25 Victorian Industry Participation Policy disclosures 52 FRD 22A Details of consultancies over $100,000 51 FRD 22A Details of consultancies under $100,000 51 FRD 12A Disclosure of major contracts 51 FRD 24A Reporting of office-based environmental impacts 52–53 FRD 22A Statement of availability of other information 54, 159 FRD 10 Disclosure index 160
Financial Statements Financial statements required under Part 7 of the FMA
SD 4.2(b) Comprehensive Operating Statement 60 SD 4.2(b) Balance Sheet 61 SD 4.2(a) Statement of Changes in Equity 62 SD 4.2(b) Cash Flow Statement 63
160 Legislation Requirement Page
Ministerial Directions Financial statements required under Part 7 of the FMA (continued)
SD 4.2(c) Compliance with Australian Accounting Standards and other authoritative pronouncements 65 SD 4.2(c) Compliance with Ministerial Directions 65 SD 4.2(d) Rounding of amounts 70 SD 4.2(c) Accountable Officer’s declaration 93
Other disclosures in notes to the financial statements
FRD 13 Disclosure of Parliamentary appropriations 73 FRD 11 Disclosure of ex-gratia payments 86 FRD 21A Responsible person and executive officer disclosures 88–89
Legislation Building Act 1993 51 Freedom of Information Act 1982 47 Victorian Industry Participation Policy Act 2003 52 Whistleblowers Protection Act 2001 47
Key: FMA Financial Management Act 1994 FRD Financial Reporting Direction
161 Appendix 24
Glossary Bingo Bingo is a game played by several people in which random numbers are called out and players cover the numbers on their individual ticket(s). The first person to cover a nominated arrangement of numbers on one ticket and call “bingo” is declared the winner and awarded the prize. A permit is required for the conduct of bingo unless no fee is charged, directly or indirectly, to participate in the games or the whole of the gross receipts from the session of bingo games is distributed as prizes during that session.
Bingo Centre Premises in which more than seven sessions of bingo are conducted within a period of seven consecutive days by community and charitable organisations with the appropriate permits.
Bingo Centre Operator A person, whether natural or corporate, holding a licence to operate a bingo centre under the Gambling Regulation Act 2003.
Casino Means the gaming area within the Melbourne Casino Complex at Southbank, as defined by the casino boundary.
Casino Agreement The Casino Agreement (as amended), dated 21 September 1993, is one of the documents governing the relationship between Crown and the Commission.
Casino Management Agreement The Casino Management Agreement between Crown and the State of Victoria was entered into on 20 September 1993. The agreement has been varied by eight deeds of variation, each having been ratified by the Parliament of Victoria. The most recent variation is in the Eighth Deed of Variation dated 8 July 2005.
Chief Commissioner’s Exclusion Order A decision of the Chief Commissioner of Police under section 74 of the Casino Control Act 1991 to prohibit a person from being in any part of the Casino Complex or on specified racing tracks under the Racing Act 1958.
Commercial Raffle Organiser A person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part.
Commission Victorian Commission for Gambling Regulation, referred to by the acronym VCGR throughout the Annual Report.
Community Benefit Statement A statement that must be completed each year by club and racing club venue operators indicating the amount of gaming revenue from each venue that has been used to benefit the community.
Controlled Contract Certain contracts for the supply of goods and services to the Casino that are allowed by, or reported to, the Commission.
162 Crown Means – a) in relation to the current holder of the casino licence in Victoria, Crown Melbourne Limited; b) in relation to the company which is the holding company of the current holder of the casino licence, Crown Limited – whichever the context requires.
Exclusion Order A notice issued to a person by the casino operator, the Chief Commissioner of Police or the Commission excluding that person from entering the gaming area of the Casino, either because the person has misbehaved in the gaming area of the Casino or because the person has asked to be excluded. There is a right of appeal against an exclusion order other than an exclusion order issued by the Chief Commissioner of Police.
Gaming Industry Employee The holder of a licence under the Gambling Regulation Act 2003 who is employed to carry out prescribed duties at an approved gaming venue, by a gaming operator, at a bingo centre or who performs any other duties as prescribed in the Gambling Regulation Regulations 2005.
Gaming Licence Licence held by Tabcorp Holdings Ltd authorising the ownership and operation of electronic gaming machines in licensed venues.
Gaming Operator’s Licence Licence held by Tatts Group Limited authorising the ownership and operation of electronic gaming machines in licensed venues.
Gross Gaming Revenue The total amount received for gaming at the Casino, less the amount of prizes paid out as winnings.
Internal Control Manual A set of documents approved by the Commission and detailing the casino operator’s system of controls and procedures to be implemented in the Casino.
Intralot Intralot means Intralot Australia Pty Ltd, the holder of a Victorian public lottery licence authorising the operation of specified public lotteries with effect from 1 July 2008.
Lucky Envelope A lottery ticket where the result is pre-determined. The ticket must be made so that the result cannot be seen until after it is sold.
Melbourne Casino Complex The entire entertainment and hotel complex at Southbank including the Casino.
Net Gaming Revenue A term for that proportion of the gaming dollar that is not returned to players. This term is interchangeable with the terms ‘player loss’ and ‘gaming expenditure’.
163 Appendix 24 continued
Pooling Scheme An arrangement where community and charitable organisations conducting sessions of bingo pool the proceeds from their sessions and share in the distribution from the pool.
Raffle A lottery in which a certain sum has been paid to enter or participate and where no money is offered as a prize except in the case of a prize for travel or accommodation where the value of the money does not exceed 10 per cent of the total value of the prize. Only organisations declared by the Commission to be community or charitable organisations may conduct a raffle. If the total prize value exceeds $5,000, a permit must first be obtained from the Commission.
Roll of Manufacturers, Suppliers and Testers List of persons, whether natural or corporate, who manufacture or supply gaming machines or restricted components to gaming operators or who supply testing services for the evaluation of gaming machine types and games. Under the Gambling Regulation Act 2003 the Roll of Manufacturers, Suppliers and Testers is maintained by the Commission.
Tabcorp Means, in relation to the current holder of the wagering licence and the gaming licence in Victoria under Part 3 of Chapter 4 of the Gambling Regulation Act 2003, Tabcorp Holdings Limited, whichever the context requires.
Tatts means – a) in relation to the holder of the gaming operator’s licence in Victoria, Tatts Group Limited, or its predecessor, Tattersall’s Limited; or b) in relation to the holder of a lotteries licensee in Victoria, Tattersall’s Sweeps Pty Ltd – whichever the context requires.
Trade Promotion Lottery A lottery, competition or game conducted by either a trade or business for the promotion of that trade or business. A permit is required for any such lottery with a total prize value greater than $5,000.
Venue Operator A person who is the holder of a club venue operator’s licence or a hotel venue operator’s licence under the Gambling Regulation Act 2003. Both a club venue operator’s licence and a hotel venue operator’s licence allow the holder to possess, for operation at approved premises, electronic gaming machines obtained from a gaming operator. A club venue operator’s licence also allows the holder to obtain club gaming machine entitlements, which will allow the venue operator to own and operate electronic gaming machines at approved club premises from 2012. A hotel venue operator’s licence also allows the holder to obtain hotel gaming machine entitlements, which will allow the venue operator to own and operate electronic gaming machines at approved hotel premises from 2012. Note: This definition was amended on 24 June 2009. Prior to this date, the definition was: A person, whether natural or corporate, who is a holder of a venue operator’s licence under the Gambling Regulation Act 2003. A venue operator’s licence allows the holder to possess, for operation at approved premises, electronic gaming machines obtained from a gaming operator.
Withdrawal of Licence Means a decision of the casino operator under section 70 of the Casino Control Act 1991 to withdraw the future right of a person to enter the Melbourne Casino Complex (such a decision cannot be appealed).
164 Victorian Commission for Gambling Regulation Office
Level 5 35 Spring Street Melbourne Victoria 3000
Postal Address
PO Box 1988 Melbourne Victoria 3001
Website: www.vcgr.vic.gov.au
Office Hours
9.00 am to 5.00 pm Monday to Friday
Switchboard Telephone: 61 3 9651 3333 Facsimile: 61 3 9651 3777 E-mail contact address: [email protected],gov.au Complaints hotline: 61 3 9651 3737
Inspectors at Melbourne Casino Southbank: Telephone: 61 3 9690 4657 (24 hours a day 7 days a week) Victorian Commission for Gambling Regulation Gambling for Commission Victorian
Level 5, 35 Spring Street Melbourne Victoria 3000 Australia PO Box 1988, Melbourne Annual Report Victoria 3001 Australia Telephone 61 3 9651 3333 2008–2009 Facsimile 61 3 9651 3777 Annual Report 2008–2009 Report Annual
www.vcgr.vic.gov.au